Documents

document 311 pages

Also attached to this agenda item: RE Draft LWRP DOS Review

DRAFT VILLAGE OF CROTON-ON-HUDSON LOCAL WATERFRONT REVITALIZATION PROGRAM Draft February 2022 Prepared for Village of Croton-on-Hudson, New York Prepared by: LWRP Advisory Committee With assistance from: BFJ Planning 115 Fifth Avenue New York, NY 10003 DRAFT DRAFT ACKNOWLEDGEMENTS Village of Croton-on-Hudson Board of Trustees Brian Pugh, Mayor Ann Gallelli, Deputy Mayor Sherry Horowitz Alejandro Rosales Len Simon LWRP Advisory Committee of 2015 Leo Wiegman, former Mayor Ann Gallelli, Deputy Mayor, Waterfront Advisory Committee, Planning Board Liaison Janine King, Village Manager Daniel O’Connor, P.E., Village Engineer Charles Kane, Waterfront Advisory Committee Ronnie Rose, Office Manager BFJ Planning Frank Fish, FAICP, Principal Susan Favate, AICP, PP, Principal Noah Levine, AICP, Associate DRAFT DRAFT DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program Table of Contents VILLAGE OF CROTON-ON-HUDSON WATERFRONT REVITALIZATION AREA BOUNDARY DESCRIPTION ..........................................................................I-1 INVENTORY AND ANALYSIS ................................................................................. II-1 Croton-on-Hudson History ......................................................................................... II-2 Existing Land Uses ....................................................................................................... II-4 Zoning Districts .......................................................................................................... II-11 Water Use Plan ......................................................................................................... II-15 Underutilized, Vacant, or Deteriorated Sites .......................................................... II-29 Open Space, Parks and Recreational Resources ................................................. II-30 Underwater Land Ownership .................................................................................. II-36 Historic Structures, Sites and Districts ....................................................................... II-41 Natural Features ....................................................................................................... II-44 Water Resources ...................................................................................................... II-51 Natural Resources and Habitats ............................................................................. II-56 Scenic Resources and Important Vistas ................................................................. II-60 Infrastructure ............................................................................................................. II-61 STATE AND LOCAL POLICIES ............................................................................. III-1 Development Policies ............................................................................................... III-2 Fish and Wildlife Policies .......................................................................................... III-17 Flooding and erosion Policies ................................................................................. III-25 General Policy ......................................................................................................... III-33 Public Access Policies ............................................................................................. III-34 Historic and Scenic Quality Policies ....................................................................... III-47 Energy and Ice Management Policies .................................................................. III-52 Water and Air Resources Policies ........................................................................... III-55 Wetland Policy ........................................................................................................ III-67 PROPOSED LAND USES AND PROJECTS ......................................................... IV-1 Introduction .............................................................................................................. IV-2 Proposed Land Uses ................................................................................................. IV-2 Proposed Projects .................................................................................................... IV-3 TECHNIQUES FOR LOCAL IMPLEMENTATION OF THE PROGRAM ................... V-1 Existing Laws and Regulations .................................................................................. V-3 Management Structure to Implement the LWRP ................................................... V-8 DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program STATE AND FEDERAL ACTIVITIES LIKELY TO AFFECT IMPLEMENTATION OF THE LOCAL PROGRAM .................................................................................. VI-1 State Actions and Programs Which Should Be Undertaken in a Manner Consistent With the LWRP .................................................................................................................. VI-2 Federal Activities Affecting Land and Water Uses and Natural Resources in the Coastal Zone of New York State ................................................................................... VI-14 State and Federal Actions and Programs Necessary to further the Village of Croton-on-Hudson LWRP Programs .............................................................................. VI-22 LOCAL COMMITMENT AND CONSULTATION ............................................... VII-1 Involved Parties ....................................................................................................... VII-3 Review of Draft LWRP by State, Federal and Local Agencies ............................ VII-3 Public Outreach ...................................................................................................... VII-4 LWRP Process ........................................................................................................... VII-4 APPENDIX A: RELEVANT PLANNING DOCUMENTS .................................................................. 1 APPENDIX B: VILLAGE OF CROTON-ON-HUDSON HARBOR MANAGEMENT PLAN .............. 4 APPENDIX C: INDIAN BROOK-CROTON GORGE WATERSHED CONSERVATION ACTION PLAN ............................................................................................................12 APPENDIX D: CROTON-ON-HUDSON WATERFRONT REVITALIZATION LOCAL LAW…….13 Figures Figure 1: Regional Context ii Figure 2: Local Waterfront Revitalization Program Area Boundary I-4 Figure 3: Land Use Map and Planning Areas II-5 Figure 4: Recreational Uses along Hudson River II-6 Figure 5: Recreational Uses along the Croton River II-9 Figure 6: Zoning Districts II-13 Figure 7: Hudson River Navigational Channel, New York to Wappinger Creek II-20 Figure 8: Harbor Management Plan Boundary II-23 Figure 9: Parks, Open Space and Trails II-33 Figure 10: Underwater Land Grants (1) II-39 Figure 11: Underwater Land Grants (2) II-40 Figure 12: Steep Slopes II-47 DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program Figure 13: Major and Minor Drainage Basins II-48 Figure 14: Tidal and Freshwater Wetlands II-54 Figure 15: FEMA Special Flood Hazard Areas (SFHAs) II-55 Figure 16: Critical Environmental Areas II-59 Figure 17: Transportation Infrastructure II-62 Figure 18: Water and Sewer Districts II-70 Figure 19: Zones of Groundwater Protection, Croton-on-Hudson Well Field II-71 Figure 20: Harbor Management Plan Boundary Tables Table 1: Croton-on-Hudson Population Change, 1980-2010 ............................................. II-3 Table 2: Population Growth, 2000 - 2010 ............................................................................. II-3 Table 3: Open Space, Parks and Recreational Resources .............................................. II-30 Table 4: Tank Capacity ....................................................................................................... II-65 DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program i INTRODUCTION The Village of Croton-on-Hudson, lying within the Town of Cortlandt, is located on the eastern side of the Hudson River, in the northwest corner of Westchester County, approximately 40 miles north of New York City. The 10.9 square-mile village includes 4.8 square miles of land and 6.1 square miles of underwater land. Surrounding municipalities are the Town of Cortlandt to the north and east, the Town of New Castle to the east, the Town and Village of Ossining to the south and the Village of Haverstraw across the Hudson River in Rockland County to the west (see Figure 1). The Hudson River forms the Village’s western boundary, and the Croton River serves as part of its eastern boundary. Together, the rivers constitute approximately 71,280 feet of shoreline which includes 18,500 feet along the Croton River to Croton Bay. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program ii Figure 1: Regional Context DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program iii Local Waterfront Revitalization Program Background The Village adopted its initial Local Waterfront Revitalization Program (LWRP) in 1992 to guide development within its waterfront revitalization area (WRA) in a way that protects and preserves natural resources and enhances public enjoyment of the waterfront. At that time, Croton-on- Hudson was one of the earliest municipalities to adopt an LWRP in Westchester County. Since the adoption of the LWRP, the Village has worked to advance its implementation in many ways, including completion of proposed projects listed in the 1992 LWRP. The Village followed LWRP guidelines to increase accessibility to the Hudson River and Croton River, by acquiring properties and easements along its shoreline, improving public access and adding recreational amenities to these areas. Also, there have been many changes to the zoning and environmental laws intended to provide increased open space and waterfront access, and improved protections for natural resources. The following projects have substantially progressed or been completed since the 1992 LWRP was adopted:1 Croton Gorge Walking Trail: Village completed this trail along the Croton River from Silver Lake Park to Black Rock Park. A portion of the Croton Gorge land which includes the trail was rezoned PRE-1, in order to preserve the area for passive open space and protect the environment. Silver Lake Park: Improvements include the reconstruction of stairs, the restoration of a picnic area and the establishment of a community garden. The Village also funded and completed the rehabilitation of the Silver Lake Dam and annual maintenance of the swimming beach. Landscaping plans that enhance the appearance of the park and help with erosion control have been developed. 1 LWRP Monitoring Report prepared by NYS DOS, December 2012 Croton Bay DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program iv Croton Landing Park: In 2005, the Village began the construction of Croton Landing Park and a new road (Elliott Way). The project extended the Westchester County RiverWalk trail a half-mile north. In addition to the riverfront trail, Croton Landing Park has a small boat launch, picnic areas, a playing field, benches, public restroom facilities, parking and the Buchanan-Cortlandt-Croton 9/11 memorial. Echo Canoe Launch: Improvements to the Croton River/Croton Bay Boat Ramp (the Echo Canoe Launch) and Village lands south of the Village parking areas at the Croton-Harmon Station were made to improve access to the Croton River for small boats (i.e. canoes, kayaks and other small water crafts). A parking area has been established with appropriate signage installed. Kayak rentals and lessons are available at the site on a seasonal basis. Senasqua Park: Improvements to the park include the renovation of the bathhouse/public restrooms, replacement of playground equipment, repairs and upgrades to the drainage system, a reconfiguring of the parking lot and repairs and improvements to the boat ramp. Traffic and Roadway Conditions: The Village has completed a project to construct vehicle, pedestrian and bicycle infrastructure improvements along Croton Point Avenue from Veterans Plaza, at the Croton-Harmon Train Station, to South Riverside Avenue. Funding is from a federal Transportation Enhancement grant, Westchester County and the Village’s capital project fund. Relocation of Department of Public Works (DPW) Garage: The Village relocated a DPW garage which was formerly at the southern end of the Croton-Harmon parking lot. The site was at a high risk to flooding, as it was within the 100-year floodplain. Relocating this facility also reduced the potential for gasoline and other chemicals used on-site to leach into the Croton Bay. The new DPW facility is located at 435 and 439 Yorktown Road (Route 129). Elliott Way: In 2018, the Village completed a project to provide pedestrian accommodations along Elliott Way between Senasqua Park and the Croton Yacht Club, filling a gap in the pedestrian connection between Senasqua Park and Croton Landing Park. The improved 775- foot segment includes pedestrian accommodations as well as shoreline stabilization measures in an area that has experienced significant erosion. An elevated boardwalk system was designed to cantilever 3 feet on the river side, minimizing disturbance to the Hudson River and providing an extended surface for pedestrians. At-grade sidewalks were installed on both ends of the boardwalk to extend the walking surface, and damaged pavement on Elliott Way was repaired. Stormwater Management: An inventory of the Village’s stormwater collection system and outfalls has been completed. The Village has a Stormwater Management DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program v Program, implemented under the Environmental Protection Agency and New York State Department of Environmental Conservation (DEC) storm water regulations. The 1992 LWRP also helped the Village secure a number of grants to pursue some of the initiatives outlined in the Program. A New York State Department of State (NYS DOS) Environment Protection Fund (EPF) LWRP grant award in 1996 allowed the Village to develop a vision and feasibility study for a newly acquired Hudson River waterfront parcel, which would ultimately become Croton Landing Park. The LWRP has also served the purpose of coordinating local, State and Federal agency actions along the Village’s waterfronts. In a major Federal consistency decision, the Village’s LWRP was effective in contributing to a court ruling affirming the decision of the Secretary of the U.S. Department of Commerce upholding a DOS determination that Millennium Pipeline Company’s proposed energy pipeline project did not comply with the Coastal Zone Management Act. The Federal Court (Millennium Pipeline Co., L.P. v. Gutierrez United States District Court, District of Columbia 424 F.Supp.2d 168) found that alternative routes existed that would avoid harm to natural resources within the Village, including Haverstraw Bay (a Significant Coastal Fish and Wildlife Habitat) and other protected wetlands. In 2017, the Village adopted an updated Comprehensive Plan, which updated the previous Comprehensive Plan from 2003 and the Master Plan from 1977. The updated Comprehensive Plan reflects changes in the Village since 2003, and was written to be consistent with the LWRP policies. The Village also adopted an amendment to the Comprehensive Plan in 2019 which precipitated zoning changes in the Village to further the goal of affordable housing in the Village. In addition to the Comprehensive Plan, in 2007, the Village teamed with neighboring communities and Westchester County to prepare the Indian Brook-Croton Gorge Watershed Conservation Action Plan (see Appendix C). This watershed plan was developed to improve public access to the area and to protect and restore the natural resources in the Croton Bay watershed, most significantly the Croton River, Indian Brook Reservoir, existing wetlands and groundwater drinking sources. The Village’s long-term waterfront vision is now outlined in the 2017Comprehensive Plan, the Indian Brook-Croton Gorge Watershed Conservation Action Plan (Appendix C) and in amendments made to zoning and other local laws. This LWRP updates the 1992 LWRP, reflecting ongoing efforts as well as new initiatives or proposed projects. Once adopted, it will serve as a strategic plan for Croton-on-Hudson’s Waterfront Revitalization Area (WRA). DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program vi DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program I-1 VILLAGE OF CROTON-ON-HUDSON WATERFRONT REVITALIZATION AREA BOUNDARY DESCRIPTION DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program I-2 DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program I-3 In 1992, Croton-on-Hudson's LWRP was approved pursuant to Article 42 of the Executive Law. With this approval, the coastal zone area was expanded to encompass the entire municipal boundary of the Village of Croton-on-Hudson. After 1992, the coastal area was renamed to the Waterfront Revitalization Area (WRA), as illustrated on Figure 2. The WRA for the Village of Croton-on-Hudson coincides with the municipal boundary, and includes the entire 10.9-square-mile area of the Village. The inland boundary of the WRA is the eastern and northern boundary of the Village. The waterside boundary is the municipal limits in the Hudson River to the west, and the mean high water line of the eastern side of the Croton River to the south and east. The Village adopted the Waterfront revitalization area which included the entire Village, when it submitted a statewide program for Federal approval in 1992. This updated LWRP has renamed the original Coastal Zone boundary to the WRA and is referenced as such throughout the remainder of this document. The LWRP considers the entire Village of Croton-on-Hudson to have a direct and significant relationship with both the Croton and Hudson Rivers (see Figure 2). In addition, the topography of the Village is such that inland areas contain primary viewsheds of the rivers and waterfront and provide an important visual identity of the Village with the rivers. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program I-4 Figure 2: Local Waterfront Revitalization Program Area Boundary DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-1 INVENTORY AND ANALYSIS DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-2 CROTON-ON-HUDSON HISTORY The Village of Croton-on-Hudson has a long and illustrious history closely tied to the waterfront. Most of the Village was built upon hills that slope naturally toward the Hudson and Croton Rivers, which form most of the Village’s boundary; this has the effect of orienting the entire Village toward a waterfront. Many buildings situated on the streets and hills in the Village face either the Croton River or the Hudson River in order to take advantage of the dramatic views and access to the waterfront afforded by Croton- on-Hudson’s unique location. The scenic views of the two rivers are enhanced by the parks, extensive wooded open spaces, and conservation areas throughout the Village. The Hudson River, which forms Croton-on-Hudson’s western boundary, is one of the defining features of the Village. The river was the impetus for its earliest settlements and industry, attracting Dutch traders in the 1600s and later supporting several industries, including shipping, ship building and brick manufacturing. In 1846, the tracks were laid for the Hudson River railroad line, and in the early 1900s, an engine terminal (Harmon Yard) was built close to Croton Point. The construction of the railroad transformed a large portion of waterfront property for utility and transportation uses, creating a barrier between the waterfront and the upland areas of the Village. This barrier was reinforced with the construction of north-south U.S. Route 9 in the 1960s. Today, the railroad continues to have a significant presence adjacent to the waterfront, but the other waterfront industries have disappeared. Three parks – Westchester County’s Croton Point Park at the southern end of Croton-on-Hudson, and the Village- owned Senasqua Park and Croton Landing Park – draw residents to the waterfront for recreational activities. In addition, several projects have created new residential and recreational uses along the waterfront, which has reconnected this area with the rest of the Village. These include the Half Moon Bay condominiums (completed in the early 2000s) which have a publicly accessible waterfront promenade, and the Brook Street pedestrian bridge (completed in 1997). In addition, the creation in 2006 of Elliott Way and adjacent RiverWalk west of the transportation barrier has enhanced public access connectivity along the Hudson. In conjunction with the railroad, the construction of the Croton Dam and the Croton Aqueduct played an important role in shaping the Village’s development. Construction began on the original Croton Dam in 1837 after several water crises in New York City made clear the need for a clean and reliable water supply for the growing city. The New Croton Dam, built of stone, was completed in 1907, which created the New Croton Reservoir. Excess water from the reservoir leaves the spillway at the New Croton Dam into the Croton River, which recharges the aquifer in the Croton River Valley, which is the primary source of drinking water for the Village. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-3 Most of Croton-on-Hudson’s housing stock was built before the 1970s. Two of the oldest residential neighborhoods in the Village were originally separate communities in the Town of Cortlandt prior to annexation by the Village in 1925: Mt. Airy and Harmon. Mount Airy was a Quaker enclave into the 1800s but evolved in the early 1920s into a summer colony that attracted many Greenwich Village artists and writers. Harmon, initially established in the early 20th century as an enclave for artists and writers, became home to railroad workers and commuters to New York City in the 1920s due to its proximity to the railroad station and railroad yards. Harmon was largely built out by the late 1940s in the post-World War II housing boom. Following World War II, the Village’s importance as a railroad town diminished as diesel replaced steam engines and long-distance passenger service declined. During this time, the Village transitioned into more of a commuter suburb, with many residents traveling to workplaces in New York City and other employment centers outside of Croton-on- Hudson. In the past 30 years, new housing has been developed in the northern part of the Village and along the Hudson waterfront north of Croton Point Park. All of the subdivisions in the northern part of the Village have been single-family homes, while along the waterfront the Half Moon Bay condominiums were designed as a cluster subdivision. This development has increased the number of residential housing units resulting in population growth. As can be seen in Table 1, Croton-on-Hudson’s population was at an all-time high of 8,070 persons in 2010. The population growth has been steady since 1980, when the Village’s population was 6,889. Since 2000, Croton-on-Hudson’s population growth has been slightly less than the Town of Cortlandt but greater than that of Westchester County. Many factors influence the growth rate, including the rate of migration to the Village, an increase in housing starts and the birth rate. Table 1: Croton-on-Hudson Population Change, 1980-2010 Table 2: Population Growth, 2000 - 2010 Year Population % Change Location Total Population % Change 6,889 Croton-on Hudson 7,606 8,070 6.1 7,018 1.9 Town of Cortlandt 38,467 41,592 8.1 7,606 8.4 Westchester County 923,459 949,113 2.8 8,070 6.1 Source: U.S. Census Source: U.S. Census DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-4 EXISTING LAND USES Planning Areas For purposes of best describing the existing land and water uses, the Croton-on-Hudson WRA has been divided into four planning areas: the Hudson Riverfront, Upper Village/Harmon, Croton River Basin, and North End areas. Each planning area has one or more particular characteristics which give it a special identity and, to a large extent, define its current land and water use. Land uses for these planning areas are shown in Figure 3. The Hudson Riverfront Planning Area This planning area is bounded by Route 9 to the east (see Figure 3) and includes the underwater lands along the Hudson River. As seen in the land use map, the predominant land uses are open space/recreation and transportation. Croton Point Park, a Westchester County park, is the largest recreational site in the Village. A substantial portion of the land was the site of a landfill, which has been capped and restored to open space. Its location at a peninsula on the Hudson River allows for views for miles to the north and south. Also along this planning area are Senasqua Park and Croton Landing Park, two Village-owned parks, and the Croton Yacht Club. The 40-acre Graff Sanctuary, off Furnace Dock Road, is owned by the Audubon Society and is accessible for public recreational use. The recreational uses along the Hudson Riverfront are highlighted in Figure 4. A significant portion of the Hudson Riverfront planning area is industrial- or transportation- related (see Figure 3). The 100-acre Croton-Harmon Metro-North Railroad Station and Harmon Yards are located adjacent to the Hudson River, just east of Croton Point Park. The station is the main switching location for north/south Metro-North and Amtrak trains running along the Hudson River and it is also the northern limit of electrification. The complex includes switching tracks, warehouses and maintenance facilities where Metro- North trains are sent for repair. The Village owns and operates the commuter parking facility that serves the Croton Harmon railroad station. Croton Landing Park DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-5 Figure 3: Land Use Map and Planning Areas DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-6 Figure 4: Recreational Uses along Hudson River DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-7 Due to the Croton-Harmon Station’s location adjacent to a major interchange with Route 9, the area represents a highly visible segment of the community. The station, with its expansive parking and rail yard facilities, is visually prominent on the skyline. It is the first sight to be seen by people entering the Village from the south along Route 9. Light pollution from the complex’s light poles also directly affect views of the Hudson River and Croton Bay waterfronts in the evening. Residential uses in the Hudson Riverfront area are mainly concentrated at the Half Moon Bay condominium complex, which is situated on the waterfront just west of the train station and consists of 282 attached townhouses in 20 buildings with two club houses and a 173-slip marina. The Half Moon Bay Promenade is a path along the water’s edge that connects Croton Point Park to Elliott Way. There are few commercial buildings in the Hudson Riverfront area. On Croton Point Avenue, at the entrance to the railroad station, three buildings are used for retail and office purposes. Near the Senasqua Road exit from Route 9, the former Croton North Railroad Station, which is on Westchester County’s National Register of Historic Places, is now privately owned and used for commercial purposes. There is also an industrial area just north of the Half Moon Bay condominiums. The Upper Village/Harmon Planning Area The Upper Village/Harmon planning area has evolved into the focal point of most civic activities. Almost all of Croton's village-scaled residences, schools, offices, commercial establishments, religious buildings and playgrounds are in this area, as are almost all of the public buildings. These consist of the Municipal Building, the Croton Free Library, firehouses, two public schools and the Bethel cemetery. The majority of the commercial establishments within the Village can be found in three identifiable commercial areas within this planning area. The principal commercial area runs along South Riverside Avenue between Municipal Place and Croton Point Avenue. This commercial stretch has a variety of establishments including retail stores, offices, two banks, four gas stations, a car dealership, a 10-store shopping center with a ShopRite anchor and several restaurants. In addition, a small bait and tackle shop on North Riverside Avenue relies on being close to the waterfront. The area known as the Upper Village is the second-largest commercial area in Croton. The boundaries of the Upper Village extend roughly from the intersection of Van Wyck Street and Old Post Road North to Grand Street and then to Route 129 (Maple Street). Half Moon Bay Condominiums DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-8 Old Post Road North/South, where it forms an intersection with Grand Street, is also part of the Upper Village commercial area. Retail stores, professional offices and restaurants are predominant in this area. Most of the homes in this area are single-family residences situated on small lots of between 5,000 and 8,000 square feet. Although there are very few multifamily residences in Croton-on-Hudson, three of the largest exist within the Upper Village area - Bari Manor off Old Post Road South, Van Wyck Apartments on Grand Street and Symphony Knoll/Mt. Airy Woods off South Mount Airy Road. Bari Manor consists of three two-story buildings containing 82 rental apartments. Van Wyck Towers, built in 1929, is a six-story building with 35 rental apartments. Symphony Knoll/Mt. Airy Woods provides 23 affordable housing units in four buildings. There are also several other multifamily residences scattered about the Upper Village area, each containing from four to 10 units; some of these units are apartments located above stores. The Croton River Basin Planning Area The Croton River Basin Planning Area encompasses the land that directly relates to the second major waterway in the WRA - the Croton River. From its inception just south of the Croton Dam to its confluence with the Hudson River at Croton Bay, the beauty of the River, with its wooded shoreline, fast-moving water and outcroppings of rock, provides unlimited opportunities for enjoyment. Residents living along Truesdale, Morningside and Nordica Drives, bordering the Croton River, benefit from their views of its natural beauty. A number of recreation areas can be found along the Croton River including Silver Lake Park, Paradise Island, Fireman’s Island, Black Rock Park, Mayo’s Landing and the private historical site Van Cortlandt Manor. The recreational uses along the Croton River are highlighted in the aerial in Figure 5. The Village-owned beach and picnic area known as Silver Lake is a very popular swimming area for Village residents, especially in the late spring and early summer months when the Croton River is high and fast running. Often, by late July, however, the water level becomes too low for swimming. This swimming and picnic area is close to the main residential areas of the Village, and although at the base of the gorge the terrain is very steep, it is accessible to many residents. There is a trail that follows the edge of the River from Silver Lake to the northeast. Boat access to Silver Lake is precluded by strong water currents and by regulations. The Carrie E. Tompkins Elementary School, owned by the Croton-Harmon School District, is another significant land use in the area. The school is buffered from the surrounding neighborhood by the Croton Gorge Area open space to the north and Firefighter’s Memorial Field to the south. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-9 Figure 5: Recreational Uses along the Croton River DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-10 As can be seen in the land use map (see Figure 3), the majority of the land in this area is single-family residential. In the northeast portion of this area, large parcels of 1 acre or more can be found on Georgia Lane and along Mt. Airy Road between Grand Street and the Village boundary line. An area known as the "Trails," a hilly area with narrow roads that is bounded by Mt. Airy Road, Grand Street and Batten Road, has an unusual mixture of homes new and old, large and small, on varying size plots. Until 1931, the Trails were not part of the Village; this was originally a summer community and was independently managed by a private homeowners' association, the Mt. Airy Associates. The variety of homes and lot sizes in this area is partially a reflection of its independent past. The North End Planning Area The North End planning area of the Croton-on-Hudson WRA is generally the area in the Village west of the Upper Village and north of Route 9. The area contains most of the undeveloped land in Croton-on-Hudson. It is generally very steep, is less densely populated and has only one major road (Route 9A-Albany Post Road and Old Post Road North) bisecting it in a north-south direction. Unlike the Hudson Riverfront and the Croton River Basin planning areas, the North End does not border directly on a major water body. In spite of this, its hilly topography in conjunction with generally large lot sizes and substantial open spaces, give it excellent visual access to the Hudson River. Because there are few crossroads in the North End, residences tend to be on large plots of land adjacent to the main north-south road. Most are single-family residences. Along Route 9A, many of these residences are not visible as long driveways lead either west towards the Hudson or east, up into the open hilly spaces. Two long private roads in the North End, Prickly Pear Hill Road and Finney Farm Road, extend eastward into the hills from Albany Post Road and Old Post Road North. These steep roads provide access to a number of single-family residences which generally are large and secluded. A large portion of the residential properties in this portion of the Village were rezoned in 2014 to a new RA-60 zone which has a minimum lot size of 60,000 sq. feet (1.5 acres). Three high-density residential sites are also located in the North End. These sites are in contrast to the low-density pattern that generally prevails in the area. The Skyview Nursing and Rehabilitation Center provides a residence for the elderly in need of nursing and rehabilitation care. Scenic Ridge is a community consisting of 17 groups of attached single family dwelling units in groups of four to seven, totaling 97 units in all. Adjacent to Scenic Ridge is Amberlands, a large apartment complex (more than 30 buildings of three stories with 20+ apartments each) which lies in the Town of Cortlandt. The Brinton Brook Preserve, owned by the Saw Mill Audubon Society, provides passive recreation opportunities through use of its trails. Spectacular views of the Hudson may DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-11 be seen from this nature preserve high on the hills on the east side of Route 9A. Hudson National Golf Course is another recreational amenity in the North End. The 260-acre private club opened in 1996 and is sited at one of the highest elevation points in Westchester County. A tract of land in the North End that runs along the Village boundary line with the Town of Cortlandt is owned by Consolidated Edison. High tension lines from the Indian Point Nuclear Power plant run through this area., Although the plant has now closed, no development plans are being considered for this property at this time. ZONING DISTRICTS The Village covers a land area of 4.8 square miles, most of it zoned for residential use. The predominant non-residential uses consist of open space and park areas; commercial districts in the Upper Village and along North and South Riverside Avenues and Maple Street; and industrial/transportation areas associated with the Metro-North facilities. Several small office districts are in the Upper Village, North Riverside, the Municipal Place area and at the north end of the Village. A description of the Village’s zoning districts is summarized below and shown in Figure 6. Residential Uses. Croton-on-Hudson’s residential zoning reflects its historical pattern of development, which is typical of many villages: the highest density neighborhoods (those with more houses per acre of land) are situated closer to the commercial centers, with the density decreasing farther away from these centers. The neighborhoods situated closest to the Village’s four commercial centers – Harmon, the Upper Village, North Riverside and the Municipal Place area – consist primarily of single-family homes built on 5,000 and 9,375 square foot lots. These neighborhoods also contain the majority of the two- and multi-family residences in the Village. Moving away from the commercial centers, the lot sizes increase to a minimum of 25,000 and 60,000 square foot lots. Single Family Housing. Croton-on-Hudson has five single-family residential zoning districts: RA-5, RA-9, RA-25, RA-40 and RA-60. The districts range in permitted density, from homes built on one-eighth acre lots (RA-5) to homes on 1.5 acre lots (RA-60). The northern area of the Village is zoned primarily RA-40 and RA-60, with the exception of a small RA-25 district and an office district in the northwest corner of the Village. Multi-Family Residential. The Village has two zoning districts permitting multi-family residential: RB (two-family residences) and RC (multi-family residences). These districts are limited to the Upper Village and North Riverside Avenue. The WD district along DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-12 the Hudson River between Croton Point and Senasqua Park also permits multi-family development. The Half Moon Bay condominium development is in this district. Commercial Centers. The Village has four commercial centers: the Upper Village, North Riverside, the Municipal Place area, and the South Riverside/Harmon area. These districts are zoned C-1, C-1R(A) and C-1R(B) for central commercial as well as C-2 for general commercial uses. C-1 commercial districts are found in the older commercial areas such as the Upper Village. C-1R(A) and C-1R(B) zoning districts were established by the Village Board via local law in 2019 to rezone portions of the North Riverside commercial corridor. These districts allow for downtown uses such as retail, service-oriented uses, offices, restaurants, dry cleaners, and theaters. C-2 districts allow C-1 uses along with the following uses by special permit: retail, auto- related uses (service stations, gas stations, automobile sales); social clubs; animal hospitals; hotels; utility structures; and residential uses on upper floors. Office Districts. Most of the office space in Croton-on-Hudson consists of small-scale offices and home office use. The Village has five small office districts, found in the North End area of the Village (zoned O-1); the Municipal Place area (O-1); Route 9A/Grand Street (O-2); and Grand Street/Old Post Road (O-1). These office districts comprise approximately 0.5% of Village land. O-1 districts allow for single- and two- family residences, offices and day care centers. O-2 districts do not permit residential but allow for offices and some manufacturing uses. Waterfront Commercial (WC) zoning was created to enhance waterfront areas for recreation, conservation and development of aquatic resources, and commercial uses where appropriate. The Village’s Hudson riverfront area, from the northwestern tip of the Village to the area just south of Senasqua Park is zoned WC. Land uses in this district include Senasqua Park, the Croton Yacht Club and Croton Landing. The zoning requirements include a provision for public waterfront access. Waterfront Development (WD) zoning is a riverfront development district that was created to facilitate the development of property along the Hudson River in a manner consistent with the Village’s Comprehensive Plan (2017), Local Waterfront Revitalization Program (1992) and the Greenway Vision Plan. The WD district has provisions to expand uses and public accessibility for purposes of recreation, leisure and year-round residence. Permitted uses include recreational facilities and residential uses. Uses permitted by special permits include restaurants, marinas, ferries and cultural uses such as theaters, bandshells and museums. WD zoning requires larger tracts of land to be developed as a single, unified and comprehensive project. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-13 Figure 6: Zoning Districts DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-14 Parks Recreation and Education (PRE) districts were created in 1988 to preserve natural resources and other community resources. The district allows for public parks, recreational activities, schools and other educational facilities, nature preserves, bird and wildlife sanctuaries, and other similar uses. Several natural areas, including the Jane E. Lytle Arboretum, the Graff and Brinton Brook sanctuaries, Kaplan’s Pond, Croton Point Park and the Village owned land in the Croton Gorge were designated PRE districts in 2014. Light Industrial (L-I) Industrial and rail transportation uses are located in the L-I light industrial zone located along the Hudson River waterfront. In this district, the Croton Harmon railroad complex occupies approximately 100 acres, dominating the central area of the Hudson River Waterfront planning area, but not directly fronting it. There is also an industrial area along Half Moon Bay Drive. Gateway Districts In addition to the general zoning districts there are “gateway districts” identified for three Croton-on-Hudson commercial areas. Gateways mark a sense of arrival, and connection to a community, and establish an image for the community. The three gateway districts are: • Harmon/South Riverside (H/SRGD): The area is an important link to the train station via Croton Point Avenue and to the Harmon neighborhood. It also adjoins historic Van Cortlandt Manor to the south. • Municipal Place (MPGD): The Municipal Place gateway district is an important entrance to the Village from Route 9. It connects to the Upper Village via Maple Street and to the surrounding neighborhoods. • North End (NEGD): This area marks the entrance to the Village from the north along Route 9A. The primary purposes of designating these as gateway areas are to upgrade the image and function of commercial areas, define the entry into the Village, strengthen the overall visual identity of the Village, promote economic development and improve linkages to adjacent residential neighborhoods. The gateway districts include special use, area and bulk regulations, and design regulations. In the Harmon/South Riverside Gateway District area, mixed use buildings (i.e. retail on ground floor with residential units on upper floors) are allowed by special permit. Special area and bulk regulations and design guidelines apply specifically to mixed use buildings in this area. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-15 WATER USE PLAN In-Water and Water Dependent Uses According to the Department of State (DOS), water-dependent uses refer to activities which can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body and which involves the use of the water as an integral part of the activity. For purposes of best describing the existing water uses, the activities associated with the use of waters has been divided into two areas, the Hudson River and the Croton River. The in-water uses in the Croton River primarily serve small pleasure crafts. The Village- owned in-water uses are focused on hand-launched vessels (canoes and kayaks) which are appropriate in shallow waters. The northern limit of the navigable and tidal portion of the river is generally at Fireman’s Island, located just east of Silver Lake Park. No commercial fishing is known to occur in the Waterfront Revitalization Area Boundary, however recreational fishing is found at Black Rock Park and throughout the Hudson River. Use of the Hudson River Public access to the Hudson River for boating activities is presently available at Senasqua Park, a small boat ramp in Croton Landing Park which is along the Hudson River Valley Greenway and the Echo Canoe Launch at the eastern end of the Croton-Harmon Station parking lot. Senasqua Park is available to Village residents for sailing boats, boat storage and picnicking. However, access to the park and parking space for boats, trailers and vehicles is extremely limited. The boat marina adjacent to Senasqua Park operates from May to mid-October. Mooring space is available by permit to residents and non-residents. The Croton Yacht Club, which operates on land leased from the Village, also provides a marina for boats. The recreational uses along the Hudson Riverfront are highlighted in Figure 4 in Section II-B. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-16 The in-water uses along the Hudson River are depicted in Figure 4 and are described below. The two largest in-water uses in Croton-on- Hudson are the Croton Yacht Club, located on Elliott Way on Village-owned land leased to the club, and the Half Moon Bay Marina adjacent to the condominium complex. Croton Point Park. The Westchester County- owned park offers a range of amenities including camping, fishing, beach/swimming areas, hiking, picnicking and play areas (see parks and recreation section). Road access is provided from Croton Point Avenue, which connects to Routes 9 and 9A. Senasqua Park & the Croton Sailing School. Senasqua Park is a 4.5-acre Village-owned park used for boating, picnicking and other civic activities. The boat marina next to Senasqua Park, which contains a boat ramp, floating dock and boat storage, operates from May to mid-October. Sailing lessons are offered by the Croton Sailing School, a privately owned business that operates on Village-owned land. Mooring space is available by permit to residents and non-residents. Rules and regulations for the boat basin can be found in Appendix B. Croton Yacht Club. The Croton Yacht Club (CYC) site includes a modular building, a parking area, and several floating docks with slips for boats. The Croton Yacht Club has been in operation since the 1950’s. The property is owned by the Village and has been leased to the CYC through the year 2034. CYC operates a 120-slip marina for vessels up to 35 feet, with the average boat stored approximately 25 feet in length. The marina also provides storage options for trailer boats and personal watercraft, as well as canoe and kayak storage. Croton Yacht Club has three floating docks with 120 slips. Each slip is equipped with its own finger pier, with access to water and electric utilities. Guest docks are available for overnight stays. The yacht club has two boat ramps for launching and removing day sailors and trailer-able watercraft, available on a first-come, first-served basis. In addition, the club provides dry- dock storage and related services including hauling services and power washing. As part of the CYC’s lease, the Club has agreed to assist the Village by periodically removing sediment at the mouth of the Brook Street drainage culvert, performing seasonal maintenance work at Senasqua Boat Basin and providing docking for the Croton Yacht Club Senasqua Park DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-17 Village’s Police or Fire Department. The dock at the Club is available to pedestrians for recreation and fishing. Half Moon Bay Marina. The Half Moon Bay Marina, located just south of the intersection of Half Moon Bay Drive and Elliott Way, has 173 boat slips and can accommodate boats of up to 150 feet long. Boat slips are available for rent by the season, month or day when available. The entire marina is protected by a breakwater. Boat slips are served by water and electricity, as well as hookups for telephone and cable television. A pump-out facility is also available. A 1,000-foot breakwater protects the marina, extending to the west and south. Half Moon Bay Marina operates as a “dockominium,” in which each boat slip is individually owned, and the facility is managed by a boatowner’s association. The marina also offers slips to transient boaters during its season (March 1 through November 25). Croton Landing Park. The park offers Hudson River views and a handicapped accessible path along the waterfront. The pedestrian bridge over Route 9 provides access to the park from the bottom of Brook Street on North Riverside Avenue. A small boat launch (canoes and kayaks) with adjacent kayak storage is located in the parking lot. Creation of the park extended the Westchester County RiverWalk Trail one mile to the north from Senasqua Park. In addition to the riverfront trail, Croton Landing Park has picnic areas, a playing field, benches, public restroom facilities, parking and the Buchanan-Cortlandt- Croton 9/11 memorial. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-18 Use of the Croton River The in-water uses along the Croton River are depicted in Figure 5 (in Section II-B) and also described below. Along the Croton River, in-water uses include the Village’s Echo Canoe Launch just east of the Metro-North rail crossing over Croton Bay; the swimming beach at Silver Lake Park; and the fishing area at Black Rock Park. Echo Canoe Launch. Located south of the Village salt shed (adjacent to the Croton Harmon Station Parking Area), this area provides a launching area primarily for canoes and kayaks and other small boats, as well as fishing and passive recreation. Kayak rentals and lessons are available at the site on a seasonal basis. Recent improvements to the boat launch, and the surrounding Village-owned land have been made to improve accessibility and use. Silver Lake. Located alongside the Croton River at the end of Truesdale Drive, this facility is open to village residents and their guests for swimming during the summer season. Permits or daily fees are required. Paradise Island. This County-owned, undeveloped 22-acre island in the Croton River is accessed by canoe or kayak and is only available for passive recreation purposes. Fireman’s Island. Located within the Croton River just east of Silver Lake Park, this Village- owned open space area represents the northern limit of the navigable and tidal portion of the river. Black Rock Park. Located on Quaker Bridge Road along the Croton River, the park offers access to the Croton River for fishing and picnic space. There is also an enclosed dog park for resident use. Echo Canoe Launch Silver Lake Park DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-19 Water-Enhanced Uses A water-enhanced use is defined in 19 NYCRR § 600.2(ai) as “a use or activity which does not require a location adjacent to coastal waters, but whose location on the shore adds to the public use and enjoyment of the water's edge. Water-enhanced uses are primarily recreational, cultural, retail, or entertainment uses.” There are a number of water- enhanced uses in the Village's waterfront revitalization area (WRA) adjacent to the Hudson and Croton Rivers. Because of Croton-on-Hudson’s topography, many residences in the WRA have excellent views of one of the rivers. The Half Moon Bay condominium complex, located next to the Half Moon Bay Marina, is enhanced by its location along the Hudson River. The development consists of 337 residential units in 20 buildings plus clubhouses, a common building, two pools, tennis courts and pedestrian trails. A public waterfront esplanade, restricted to Croton-on- Hudson residents, stretches the length of the development along the Hudson riverfront. Public parking is available at the gatehouse. The Pierre Van Cortlandt Manor, owned and operated by Historic Hudson Valley (formerly Sleepy Hollow Restorations) is a water-enhanced use. This property fronts directly on the Croton River and is the site of the historic Pierre Van Cortlandt manor house dating from the time of Dutch control over the Hudson Valley. Tours are conducted of the house and grounds by Historic Hudson Valley. Picnicking spots are available (with an entrance fee). In addition, a small bait and tackle shop on North Riverside Avenue relies on being close to the waterfront, and several restaurants along this roadway also benefit from their location near the Hudson. Navigable Waters The Village’s Hudson River waterfront and Croton Bay are situated east of the natural navigational channel of the Hudson River Tidal Estuary. Within the WRA, there are no navigation channels maintained by the U.S. Army Corps of Engineers (see Figure 7). Originally constructed by the Corps of Engineers as a Federal navigation project, navigation channels are no longer maintained regularly by the Corps of Engineers unless used for commercial shipping purposes. A 30-foot-deep navigation channel exists west of Croton-on-Hudson that allows vessels with a deeper draft to pass through Haverstraw Bay, and is actively dredged by the Corps of Engineers. This channel leads into the natural navigational channel, where it is naturally deeper than 30 feet. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-20 Figure 7: Hudson River Navigational Channel, New York to Wappinger Creek DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-21 As seen in the National Oceanic and Atmospheric Administration (NOAA) Navigational Charts depicted in Figure 7, Haverstraw Bay generally has depths ranging from approximately 5 feet along the Croton-on-Hudson shoreline to 18 feet adjacent to the federal channel. In Croton Bay and along the northern shoreline of Croton Point Park, the depths are shallower, ranging from 1 to 8 feet. The Village-owned in-water uses are focused on hand-launched vessels (canoes and kayaks) which are appropriate in shallow waters. No dredging is anticipated to be required for these uses. Harbor Management Harbor Management Plan In 1992, the NYS Executive Law Article 42, Waterfront Revitalization of Coastal Areas and Inland Waterways, was amended to provide local governments with the clear authority to comprehensively manage activities in near shore areas within their LWRP boundary by developing comprehensive harbor management plans (HMPs) and local laws to implement these plans. Pursuant to Section 922 of Article 42 of the Executive Law, the Village of Croton-on- Hudson prepared a Harbor Management Plan to manage potential conflicting uses in the portion of the Hudson River and the Croton River within 1,500 feet from its shoreline. The HMP considers local and regional needs, the competing needs of recreational boating and fishing, habitat and other natural resource protection, water quality, public access, and recreation, open space and aesthetic values. The Village of Croton-on-Hudson does not have a municipally-operated harbor. Within the Village boundaries, there are two private harbors, the Croton Yacht Club and the Half Moon Bay Marina. Additionally, there are two public boat launches located at Croton Landing Park and the southern end of the Croton-Harmon Train Station parking lot (Echo Canoe Launch). These facilities are spaced far enough apart along the Village’s waterfront that are no documented or anticipated issues of conflict, congestion or competition. The private harbors maintain buoys and signage to ensure all boaters follow navigation guidelines in shallow waters. For example, the Croton Yacht Club recently adopted a Navigation Aid and Barge Sign Plan to ensure compliance. The nearshore areas of Croton-on-Hudson (those within the HMP boundary area) are patrolled by the Village of Croton-on-Hudson Police Department marine unit, the Westchester County Police Department marine unit and the United States Coast Guard. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-22 Emergency incidents in the nearshore areas would also be responded to by the marine unit of the Croton-on-Hudson Fire Department. Pursuant to 19 NYCRR Part 603, the HMP boundary of the Waterfront Revitalization Area is provided in Figure 8. The boundary includes the Croton River and the Hudson River within areas that are 1,500 feet of the shoreline and within the municipal boundary. Pursuant to 19 NYCRR Part 603.3 the contents of the HMP have been integrated into the LWRP document. Information on the required topics, issues, etc. can be found Appendix B. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-23 Figure 8: Harbor Management Plan Boundary DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-24 Jurisdiction and Management of Hudson River Haverstraw and Croton Bays are located within Regulated Navigation Area § 165.165 as defined by Chapter 2, U.S. Coast Pilot 2, and are governed by the rules and regulations set forth therein. The U.S. Coast Guard is the Federal Authority tasked with enforcement. Any pleasure vessel, whether propelled in whole or in part by mechanical means, must be registered with the New York State Department of Motor Vehicles. Regionally, the Westchester County Police Department Marine Unit conducts police operations upon the navigable waterways in conjunction with other State and local police and fire agencies. The unit maintains a visible law enforcement presence in an effort to enhance boater safety and security and to facilitate safe community events along the shoreline. The Marine Unit also conducts rescues of boaters or swimmers in distress and removes dangerous boaters or vessels from the water. The Croton Volunteer Fire Department operates three marine units. Its primary vessel is a 24-foot fireboat that responds to all emergencies in the Hudson River most of the year. The other two units respond to all water rescue incidents in areas other than the Hudson. The membership from all five companies are trained for and respond to water incidents; however, the members of Harmon Engine Company and Croton Fire Patrol have the responsibility of maintaining these vessels. Mooring space is available at the Senasqua Boat Basin to residents and non-residents. The Croton Yacht Club, which operates on land leased from the Village, also provides a marina for boats. Rules and Regulations for the boat basin can be found in Appendix B. Jurisdiction and Management of Croton River Locally, the Village of Croton-on-Hudson regulates boating activities within the portion of the Croton River lying within the Village boundaries northeast of the railroad bridge. Chapter 83 of the Village of Croton-on-Hudson Code, Boats and Boating, encompasses the Village navigational laws governing the operation and mooring of watercraft in the Croton River. The regulations pertain to the portion of the Croton River lying wholly within the boundaries of the Village of Croton-on-Hudson northeast of the Railroad Bridge. In this area, speed limits are set at 5 miles per hour, and moorings within the river are prohibited (except by property owners at the shoreline of their own property). The discharge of sewage, garbage or other waste material from any boat is also prohibited. Other rules and regulations for the Kayak/Canoe Rack at the Echo Canoe Launch and for Silver Lake can be found in Appendix B. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-25 Issues and Planning Considerations The following is a list of current issues, considerations and objectives regarding future development, use, and preservation of areas within the Harbor Management Plan Area. Public Health, Safety, and Welfare Use of the harbor and the waterfront areas should be properly managed to assure the most orderly and efficient use, reduce and avoid conflicts among competing uses, and otherwise provide for the continued health, safety, and welfare of everyone who uses and enjoys the HMP area. Public Access to the Waterfront The Village’s waterfront is characterized by a significant amount of public open space and recreational use however, such resources are constrained by limitations upon physical access to the waters of the Hudson and Croton Rivers. The Village supports measures that will increase waterfront access in an environmentally sound manner. Water-dependent recreational use at Silver Lake, Black Rock Park, Croton Point Park, Senasqua Park, Croton Landing Park, Mayo’s Landing, Echo Canoe Launch and the Croton Yacht Club should be maintained and improved where appropriate. In addition, the provision of public access to the water’s edge and specifically to water-dependent uses at the Half Moon Bay site and at any other privately held sites should be enforced. Specifically, the Village-owned land adjacent to the commuter parking lots at the Metro-North railroad station, the site of the Echo Canoe Launch, is an important recreational resource. There is an opportunity to upgrade this property and improve maintenance so as to enhance public access to the Croton River and Bay and the Hudson River. Improvements would include maintenance and improvement as necessary of the boat ramp; exploring additional parking opportunities for the ramp; and enhancing walkways, benches, signage and wayfinding measures. The existing small boat storage facility is well utilized, and the Village may expand it in the future to accommodate more boats. The Village will also continue to pursue opportunities to improve access to the waterfront for vehicles, pedestrians and bicyclists. Pedestrian access is available in some areas, but the safety of such access should be improved. Enhanced pedestrian paths could be provided at Echo Canoe Launch and at Black Rock, where the linkage to a Croton River Gorge Trail would mean the development of a footpath or sidewalk. The potential exists for a future pedestrian link from Croton Landing Park to Oscawana County Park in the Town of Cortlandt, with a possible connection to the Graff Sanctuary in Croton. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-26 The Village recognizes that while the Croton River is within the boundary of the Village, the Towns of Cortlandt, New Castle, and Ossining are located on the eastern side of the River. Some people access the River from the eastern shore. To the extent practical, the Village should coordinate harbor management initiatives with these neighboring communities. This coordination should be for the purpose of addressing any common interests and concerns that may affect the Croton River, including, but not limited to, concerns for boating safety, protection of coastal resources, and water quality. Recreational Boating Opportunities for recreational use of the HMP area, consistent with the Village’s capacity to support that use without the occurrence of significant adverse impacts on environmental quality or on the public’s health, safety, welfare, and enjoyment will be maintained and enhanced. Recreational use of powerboats on the waterfront sites should be strictly monitored so as to ensure that such uses are compatible with existing forms of recreational use. Enforcement of regulations related to boat speed, turbidity, safety and mooring activities must be undertaken by the proper authorities. Such regulations are determined at the Federal, State and local level. Chapter 83 of the Village Code (Local Law #9 of 1977) regulates the use of power boats on the Croton River and Bay. Such regulations include limits on boat speed, mooring and discharge of waste into the Croton River and Bay. However, no such restrictions are in place regarding the use of boats within the Village’s jurisdiction along the Hudson River. To the extent practical, the Town should coordinate harbor management initiatives with the Croton Yacht Club. These initiatives include proper signage in the harbor and channels, the coordination of debris removal from the harbor and nearshore waters as practical and the limitation of docked vessels to ensure there is no conflict, congestion or competition for space. Human-powered boating activities such as rowing, canoeing, and kayaking conducted in a safe and environmentally sound manner, including organized events, should be encouraged and supported in the HMP area, in balance with other beneficial recreational and commercial uses, and in a manner that avoids or minimizes the risk of conflict with other vessels, including vessels operating in any federal navigation project. Human-powered vessels should not operate in a manner that poses a hazard or significant adverse impact to navigation. Continued operation of sailing classes and small craft training programs is supported; such programs should be conducted in accordance with all applicable boating laws, regulations, and ordinances, and should not operate in federal navigation channels and DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-27 any designated navigation fairway in a manner that poses a hazard or significantly adverse impact to navigation. Continued recreational areas at Croton Point Park, Senasqua Park, Croton Landing Park, Croton Yacht Club, Black Rock, Silver Lake and Paradise Island should be maintained. The Village also encourages any effort to improve water quality which would enable the public to swim and fish in the coastal water. Environmental Quality Because all wetlands, water bodies and watercourses are presumed to be of importance, their protection, preservation and proper maintenance and use is essential to the health, safety, economic and general welfare of the citizens of the Village. Protection, preservation and proper maintenance and use of the Village’s wetlands, water bodies and watercourses shall be provided by preventing damage from misuse and mismanagement, erosion or siltation; minimizing disturbance; preserving natural habitats; and protecting against flooding and pollution. Of particular note are the Croton River and Bay and Haverstraw Bay, which are designated Significant Coastal Fish and Wildlife Habitats, which are particularly sensitive to changes in water quality, turbidity or sedimentation, flows, temperature, salinity, and pollution. Discharges of sewage or stormwater runoff containing sediments or chemical pollutants may result in significant adverse impacts on fish populations. Runoff from the parking areas at the Croton Harmon Station are a particular concern as the property is directly adjacent to the Croton River and Bay. Other areas of concern are the Shoprite shopping center on South Riverside Avenue, the Route 9/9A roadway and the Metro-North train station and repair yards. The Village should work with private property owners, NYS DOT and MTA to reduce stormwater flows and improve catchment basins, on-site stormwater treatment, and improved maintenance and cleaning of catchment basins and surface areas. These recommendations are supported by the Indian Brook-Croton Gorge Watershed Conservation Action Plan. Another concern to the Croton River and Bay major tributary system are the potential effects of upstream disturbances, including water withdrawals, impoundments, stream bed disturbances and effluent discharges. Establishment of minimum flow requirements for the Croton River up to the first impassable barrier to fish has had a significant beneficial effect on the area; however, under drought conditions, releases from the Croton Reservoir can be reduced to zero. Minimum flow requirements for the Croton River should be maintained up to the New Croton Dam. The Village should work with NYC DEP to improve inter-agency communication about the conservation flow. A study of mandated base flows is needed to ensure the NYC’s Water Supply needs do not DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-28 negatively affect the Croton River watershed downstream from the New Croton Dam. This would require additional investigation into the current demand on the Croton River water supply needs and the ecological implications inter-basin exports of water have on downstream ecological health. Other Water-Enhanced Uses along the Waterfront The concept of a waterfront restaurant, or another use at the southern end of Croton Landing Park, adjacent to the Croton Yacht Club, has been discussed by the Village for years. In 2001, the Village conducted a feasibility study of alternative uses for a 13.4-acre property which included the Croton Yacht Club (CYC) and Croton Landing Park. As part of the study, which included a community survey, respondents noted that a passive recreation area was desired; however, a restaurant was a preferred use if any commercial development were to occur within Croton Landing Park. The Village should continue to engage and work with the community to evaluate the community’s support for new uses in this location. If a restaurant were to be developed at the site, it would be situated so as not to conflict with any water-dependent uses. Existing public access to the waterfront would need to be maintained, specifically the marina at the Croton Yacht Club and the boat launch and riverfront path at Croton Landing Park. Existing locations used for fishing shall be maintained. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-29 UNDERUTILIZED, VACANT, OR DETERIORATED SITES Most of the WRA is built out; however, there are a few remaining vacant or underutilized sites. Most of the development potential exists in the North End planning area of the Village, where there are a few remaining large tracts of open land. These and other vacant or underutilized sites are discussed in more detail below. The Hudson Riverfront Planning Area Most of the developable land in this section is currently utilized. There are a few scattered vacant parcels in the residential area west of Route 9 in the northernmost portion of the village. This area is zoned RA-40 (1-acre residential lots). Croton River Basin Planning Area Most of the developable land in this area is utilized. The vacant parcels are scattered throughout the single-family neighborhoods which are zoned either RA-25 or RA-9. Upper Village/Harmon Planning Area Like the Hudson Riverfront and Croton River Basin, most of the developable land is currently utilized. Vacant parcels are scattered throughout the single-family neighborhoods. There is a 2.4-acre vacant parcel at the intersection of Maple Street and Municipal Place, which is zoned for commercial use (C-2) and is in the Municipal Place Gateway Overlay Zoning District. This parcel is currently in the development process and is expected to contain 33 affordable housing units when constructed. North End Planning Area Several large tracts of open land and many smaller parcels are to be found in the North End. Its present low-density use (except in the extreme north part) and remaining large tracts of open land mean that opportunities for development are real considerations. Most of this vacant land is situated on hilly terrain from which the Hudson River may be viewed. How and when the land in this area is eventually used will have an impact on the visual, environmental and economic character of the Village of Croton-on-Hudson and its WRA. Although there are large areas of open land in the North End, development potential is somewhat limited due to the hilly, wooded, rocky nature of land in the area, combined with the lack of transportation infrastructure. There are various privately owned tracts that are in various stages of planning. A former commercial property on South Riverside Avenue is being developed into approximately DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-30 40 units of housing. Another noteworthy vacant area includes 13.3 acres off Mt. Airy Road near the northern border of the Village, which is zoned RA-40. OPEN SPACE, PARKS AND RECREATIONAL RESOURCES The extensive network of parks, trails and open space throughout Croton-on-Hudson takes up almost one-half (45%) of the Village’s land area. The largest and most notable is Croton Point Park on the Hudson River waterfront. Although not all open space is available for public recreation or use (utility and transportation sites, privately owned vacant undeveloped lands and common space areas at residential developments), this extensive and varied network of open space contributes to the semi- rural character and open vistas of the Village (Figure 9, page II-33)). A list of each of the existing park and recreational facilities in the Village, including Village-, school- and County-owned facilities, nature preserves and private recreation is below. Additional details about parks and opens spaces found along the waterfront are discussed in Section II-D: Water-Dependent and Water- Enhanced Uses. Table 3: Open Space, Parks and Recreational Resources Name and Location Size (acres) Features and Activities Ownership Parks Dobbs Park (Maple Street/Route 129) 1.9 Baseball field, basketball court, playground Village Duck Pond Park (Bungalow Road off S. Riverside Avenue) 2.7 Baseball field, basketball court, Playground, ice skating on pond in winter Village Firefighter’s Memorial Field (Gerstein Street, behind CET Elementary School) 9.8 Softball field Village Senasqua Park and Boat Basin (Elliott Way) 4.6 Boat launch ramp, movies and evening concerts during the summer, pavilion, picnicking, windsurfing, playground, mooring and boat storage space, sailing lessons (Croton Sailing School) Village Silver Lake (Truesdale Drive) 13.5 Freshwater swimming in Croton River Village Croton Landing Park DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-31 Table 3: Open Space, Parks and Recreational Resources Name and Location Size (acres) Features and Activities Ownership Sunset Park Playground (Sunset & Lexington Drives) 0.4 Playground Village Harrison Street Park (Harrison Street) 0.3 Playground Village Black Rock Park (Quakerbridge Road) 10.5 Fishing, trail access, picnicking, dog park Village Vassallo Park (Old Post Road & Grand Street) 1.1 Outdoor stage, open grass area Village PVC Middle School Tennis Courts (Olcott Avenue) 0.5 Three clay tennis courts School Kaplan’s Pond (Lounsbury Road) 8.5 Pond, wetland area, natural preserve Village Croton Landing Park (Elliott Way) 12.2 Passive recreation, multipurpose playing fields, boat launch and fishing Village Echo Canoe Launch (south end of station) 1.17 Canoe, kayak and small boat launch and fishing Village Croton Point Park (Croton Point Ave) 503.8 Camping, fishing, children’s play area, hiking, concerts, craft shows, and guided walks held throughout the year County Paradise Island 22.2 Undeveloped island in Croton River accessible by boat County Fireman’s Island 1.1 Undeveloped Village/State David J. Manes Memorial Field (downhill from Firefighter’s Field) N/A Multi-purpose ball field Village Spencer Field (Gerstein Street, near CET Elementary School) N/A School district sports, track School Preserves, Sanctuaries and Private Open Space Brinton Brook Sanctuary (off Albany Post Road North) Three miles of hiking trails Audubon Society Graff Sanctuary (Furnace Dock Road or Briggs Lane) Walking trails Audubon Society DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-32 Table 3: Open Space, Parks and Recreational Resources Name and Location Size (acres) Features and Activities Ownership Jane E. Lytle Memorial Arboretum (access road across Hudson National Golf Course) 20.4 Loop walking trail system that connects to Village’s Highland Trail. Village land managed by nonprofit organization Croton Gorge Area (between CET Elementary School and Croton Gorge Trail) Walking trails Village Hudson National Golf Club (Arrowcrest Drive) Golf club Private Van Cortlandt Manor (S. Riverside Avenue) Tours of historic house and grounds, picnicking, seasonal events Historic Hudson Valley Croton Yacht Club (Elliott Way) 1.5 Private marina, fishing use Village- owned, leased to Yacht club Half Moon Bay Marina (Half Moon Bay Drive) 2.2 Private marina Private DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-33 Figure 9: Parks, Open Space and Trails DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-34 Croton Trail System The Croton Trails Committee completed a Village Trailway Master Plan in 1993, establishing and mapping an interconnected Village-wide network of existing and proposed trails that link open space sites, and connect to sections of the Old Croton Aqueduct Trailway within Cortlandt and Ossining. The up-to-date map of existing and proposed trails developed by the Village is shown in Figure 9 (page II-33). Other regional networks linked to by trails within the Village include the Route 9 Bike Path (via the “Crossining” over the Croton River), and the Westchester County RiverWalk. In addition, several trails in Croton – the Croton Bridge pathway, Croton Gorge Trail and Croton RiverWalk Trail – are designated by the New York State Hudson River Valley Greenway. Figure 7 (page II-20) shows existing trails, proposed trails, and access areas for vehicles and boats. The “Crossining” is a one-mile paved path that crosses the Croton River, providing a bicycle/pedestrian connection between Croton and Ossining. It runs parallel to Route 9 between Croton Point Avenue in Croton and North Highland Avenue in Ossining. This route is part of the Westchester RiverWalk, a County- planned 51.5-mile pathway paralleling the Hudson River in Westchester. When completed, it will link village centers, historic sites, parks and river access points via a connection of trails, esplanades and boardwalks. In Croton-on-Hudson the RiverWalk trail is continuous from the Croton River and the Village of Ossining to the northern extent of Croton Landing Park. There is a missing link between Croton Landing Park and Oscawana Park (Westchester County) in the Town of Cortlandt to the North. Access to the waterfront along this segment is limited by the Metro-North Railroad tracks which are located at the water’s edge. While the County has long-range plans to extend the RiverWalk trail along this segment, there are no plans in place or dedicated funds to complete the project. Most of the Village’s Hudson River waterfront area is part of the Westchester County RiverWalk trail system and/or the Hudson River Valley Greenway trail system, and is easily accessible to pedestrians. The Village completed a critical section along a very narrow section of Elliott Way between Senasqua Park and the Croton Yacht Club that was difficult for pedestrians to traverse. The improved 775-foot segment includes pedestrian accommodations as well as shoreline stabilization measures. Senasqua Park RiverWalk Trail Signage DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-35 Waterfront Access Along the Hudson River, public waterfront access from upland areas is limited to a few locations. Vehicular access is provided at Municipal Place/Half Moon Bay Drive. Public parking is available at the Half Moon Bay Marina parking lot and Senasqua and Croton Landing Parks. Croton Point Park is accessed via Croton Point Avenue. Pedestrian and bicycle access paths across the railroad tracks are provided at the Brook Street Pedestrian Bridge, the Half Moon Bay Bridge and the Senasqua Tunnel at Municipal Place. The Brook Street Pedestrian Bridge was built by the New York State Department of Transportation (NYS DOT) as part of a project to eliminate the at-grade railroad crossing at Brook Street. The Senasqua Tunnel, once used for vehicular traffic, was refurbished in 2004 and designated for pedestrian and bicycle use only. Vehicular traffic was diverted to the roadway from the Half Moon Bay Bridge running north to the Croton Yacht Club. Sidewalks over the Half Moon Bay Bridge allow for pedestrian access from the riverfront trails into the rest of the Village. The Half Moon Bay complex offers a public waterfront walkway connecting Croton Point and Senasqua Parks. An easement for the walkway was included in the approval process to ensure continued public access; however, access along the walkway is constrained by the narrowness of the walk, the number of spaces in the public parking lot and the use of the area solely for passive recreation, mainly walking. A bike/pedestrian trail is also located behind the Half Moon Bay complex. In addition, there are two Hudson River Valley Greenway-designated water trails in the Village: one at Croton Landing Park (near the boat ramp) and one at the Westchester County Croton Point Park (northern shore). Public access to the Hudson River for boating activities is presently available at Senasqua Park, a small boat ramp in Croton Landing Park which is along the Hudson River Valley Greenway and the Echo Canoe Launch at the southern end of the Croton-Harmon Station parking lot. Senasqua Park is available to Village residents for sailing boats, boat storage and picnicking. However, access to the park and parking space for boats, trailers and vehicles is extremely limited. The boat marina adjacent to Senasqua Park operates from May to mid-October. Mooring space is available by permit to residents and non-residents. The Croton Yacht Club, which operates on land leased from the Brook Street Pedestrian Bridge Senasqua Tunnel DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-36 Village, also provides a marina for boats. The recreational uses along the Hudson Riverfront are highlighted in Figure 4 in Section II-B. Along the Croton River, public access to the waterfront is found at Silver Lake Park and Black Rock Park and Mayo’s Landing. Silver Lake and Black Rock have parking facilities for Village residents. Silver Lake allows swimming when a lifeguard is present. Paradise Island, an undeveloped island in the River can be accessed by canoe or kayak. UNDERWATER LAND OWNERSHIP As indicated in Table 3 and Figure 9, a significant portion of Croton-on-Hudson’s Hudson River waterfront is publicly owned, including Croton Landing Park, the Croton Yacht Club property and Senasqua Park (all Village-owned) and Croton Point Park (owned by Westchester County). The two areas of privately owned land along the riverfront are at the northernmost area of the Village (between the Graff Sanctuary and Furnace Dock Road), which is low-density single-family, and the Half Moon Bay Condominiums adjacent to the Croton-Harmon train station and Croton Point Park. This pattern of public land ownership also extends to underwater lands, a discussion of which is below. Public Trust Doctrine New York, upon attaining Statehood, succeeded the King of England in ownership of all lands within the State not already granted away, including all rights and title to the navigable waters and the soil under them (Public Lands Law, Section 4; People v. Trinity Church, 22 N.Y. 44, 1860; Langdon v. Mayor, 93 N.Y. 129, 1883). Broadly speaking, the State holds title to all underwater lands not otherwise conveyed away by patents or grants. The State holds title to these tidelands and submerged lands in its sovereign capacity in trust for the use and enjoyment of the public under the Public Trust Doctrine (People v. Steeplechase Park Co., 218 N.Y. 459, 1916; Appleby v. City of New York, 271 US364, 1926; Coxe v. State, 144 N.Y. 396, 1895). This legal doctrine emerged from the ancient concept that the sovereign had the right of way, an “incorporeal hereditament,” to all navigable streams and waterways; the underlying theory being the protection of the public interest in fisheries and navigation. State title to the public foreshore and submerged lands, and the power of disposition, is incident and part of its sovereignty, which cannot be surrendered, alienated or delegated, except for some public purpose or some reasonable use for the public benefit, and without impairing rights in the remaining lands and water. Inherent in the nature of public trust lands is that they support diversified and important ecosystems without which many public rights, including fishing, swimming and the like, would be DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-37 impossible to enjoy. The public interest demands the preservation and conservation of this vital natural resource against pollution, overuse, destruction and infringement by others, whether public or private. It is in the public interest that State and other governmental ownership of public trust lands be maintained and, when possible, recovered from private ownership. Where full public ownership no longer exists, the application of the Public Trust Doctrine requires that any remaining rights of the public to use such lands should be preserved and protected for present and future enjoyment. Occupation of public trust lands by riparian owners for purposes of gaining access to navigable waters should be undertaken in a reasonable manner that does not unnecessarily interfere with the public’s right of passage upon, the use of the waters overlying such lands, and other public trust purposes. Considerations of public safety, resource protection and the need for access at a given location may be utilized as factors in determining the level and types of access to be provided. Public use of publicly owned underwater lands and lands immediately adjacent to the shore shall be discouraged only where such use would be inappropriate for reasons of public safety, military security, or the protection of coastal resources. Underwater Land Ownership State-owned underwater lands in the Hudson River are managed by the New York State Office of General Services (OGS). The OGS issues grants, leases, easements and other interests for these underwater lands. They also investigate encroachments on littoral rights (the right of an upland owner to access the navigable waters of the river) and administer New York State Navigation Law and Public Lands Law with respect to the location of structures in or on navigable waters. OGS reviews NYSDEC and Army Corps of Engineers comments for proposed projects that affect State-owned bottom lands to ensure that the benefits of the public will not be deprived and that the environment will not be adversely impacted. The OGS strives to achieve satisfaction on the part of all parties involved prior to the issuance of an interest (grant, lease or easement). Underwater Land Grants and Leases Over the years, a number of underwater land grants have been issued by the State along the Hudson River shoreline in the Village of Croton-on-Hudson (see Figure 10 and Figure 11). These grants were issued for the express purpose of either commercial or beneficial enjoyment. Grants issued for commerce were given to shorefront businesses for more restricted activities and were usually written with conditions. If the conditions were not followed, the State could bring an action to declare the grant void and thereby recover ownership, per Section 78 of the Public Lands Law. Beneficial enjoyment grants DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-38 were given to shorefront property owners without restriction and provided more complete title to the underwater lands. In either case, the grantee was given full ownership rights to the bottom lands. Grants for commerce were issued in the early to mid-1800s, and then the issuance of grants for beneficial enjoyment became more commonplace. Around 1890, the State began to restrict the grants issued for beneficial enjoyment as well. Furthermore, in making grants of underwater lands, the State could also impose conditions on the use of these lands. Water grant index maps were acquired from OGS Bureau of Land Management for the Croton-on-Hudson waterfront area. These maps indicate that numerous underwater land grants were issued in the area, primarily during the late 1800s and early 1900s, and most for beneficial enjoyment. These underwater grant lands consisted of offshore area that was likely used for the installation of docks or other offshore structures, or, in the case of railroad lands, for access to railroad structures along the Hudson River and across the mouth of the Croton River. In general, the present-day form of the Village’s Hudson River waterfront is due in part to fill, bulkheading and other activity that occurred through the issuance of the underwater land grants. Underwater land ownership has been transferred, over the years, to the present-day owners of the upland properties. In the future, when shoreline property owners are proposing the installation of off-shore docking facilities or other structures requiring the use of bottom lands, confirmation of the land grants should be cleared with OGS. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-39 Figure 10: Underwater Land Grants (1) DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-40 Figure 11: Underwater Land Grants (2) DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-41 HISTORIC STRUCTURES, SITES AND DISTRICTS Historic Preservation As discussed in Section 1A, the Village of Croton-on-Hudson has a long and colorful history. The Hudson River was the impetus for its earliest settlements in the 1600s and industries including shipping and brick manufacturing. There are still many buildings dating back to the 19th century and earlier. The Village has several properties which have been listed on the National or Westchester County registers of historic properties: Van Cortlandt Manor. A National Historic Landmark, this estate was developed in the 18th century on lands owned by the Van Cortlandt family. The Manor buildings include the stone manor house, a tavern and a reconstructed tenant dwelling. The Manor is owned and operated by Historic Hudson Valley and is open to the public as a working estate and museum, on five acres of land. Croton North Railroad Station. The Croton North Station, constructed in the 1890s, is located on the west side of Route 9 north of Brook Street. The Station served as the second Metro-North railroad stop in Croton-on-Hudson until the mid-1900s. The site is listed on the National Register of Historic Places. 126 Old Post Road North. 126 Old Post Road North was built in 1905 in the English Cotswold style. The fieldstone house was built from the same stone used in the construction of the Croton Dam. The house is one of a network of structures that were part of the former Wyndhurst Estate and is listed on Westchester County’s inventory of historic places. Baker House, 35 Old Post Road North. The Baker House was constructed in 1927. The house, listed on Westchester County’s inventory of historic places, is built of the same stone used in the Wyndhurst Estate houses and for the Croton Dam. Bethel Chapel, Old Post Road South. Built in the late 1700s, the chapel was home to Croton-on-Hudson’s Methodist congregation until it moved into the Asbury Church in 1883. The adjoining cemetery contains graves of several Revolutionary War soldiers and Native Americans. The Chapel is on the National Register of Historic Places. New Croton Dam. While this structure is in the Town of Cortlandt, and not the Village, the structure is closely linked with the development of the Village. The dam was designed by the Aqueduct Commission of the City of New York and has been owned and operated by the New York City DEP since its completion in 1906. The structure features a waterfall-like spillway, a sprawling retaining wall and a stone bridge. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-42 Heritage Areas National Heritage Areas involve voluntary partnerships among federal, state and local governments rather than land acquisitions and regulation. Croton-on-Hudson is in the following Heritage Areas: Hudson River Valley National Heritage Area. Croton-on-Hudson is part of the Hudson River Valley National Heritage Area which includes all of Albany, Orange, Rockland, Putnam, Ulster and Westchester counties and parts of Rensselaer, Columbia, Greene and Dutchess Counties. This designation acknowledges the scenic, historic and cultural resources of the area and encourages participating communities to work with the National Park Service to develop themes relating to such topics as the Revolutionary War, the Hudson River School of Art, the Industrial Revolution and patterns of rural landscape and agriculture. American Heritage River. The Hudson River is one of 10 American Heritage Rivers designated by the United States Environmental Protection Agency. The designation supports economic, environmental, and historic preservation programs provided by federal agencies that support community’s efforts to protect their rivers. The Natural Resources Conservation Service is this program’s lead agency for the Hudson River. Scenic Areas of Statewide Significance The New York State Department of State has developed a program to identify Scenic Areas of Statewide Significance (SASS). The designation provides special protection to the landscape through review of projects requiring State or federal actions, including direct actions, permits or funding. In addition, municipalities can use their local land use authority to protect scenic resources including using the scenic areas narratives guidance in their LWRP. There are no designated Scenic Areas of Statewide Significance located within the Village of Croton-on-Hudson.2 Although the Village is not located in a SASS, the Village’s Croton River waterfront, is a locally important area. Most of the undeveloped land along the waterfront is owned by the Village. Those areas not owned by the Village include the Half Moon Bay Condominium complex, Croton Point Park (owned by Westchester County) and the Harmon Yards (owned by the Metropolitan Transportation Authority). At this time, any possible redevelopment of these properties is remote. Nevertheless, the 2 The Scenic Areas of Statewide Significance dataset can be viewed and downloaded from the NYS Geographic Information Gateway: http://opdgig.dos.ny.gov/#/map DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-43 Village’s land use boards (Planning, Zoning and Water Control) would be responsible for ensuring the waterfront remains accessible and as a local scenic resource. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-44 Historic Preservation Programs Historic Hudson River Towns of Westchester (HHRT) is a consortium of 15 municipalities along the east and west banks of the Hudson River: Haverstraw, Nyack, Peekskill, Cortlandt, Buchanan, Croton-on-Hudson, Town and Village of Ossining, Briarcliff Manor, Mount Pleasant Sleepy Hollow, Tarrytown, Irvington, Dobbs Ferry, Hastings-on-Hudson, and Yonkers, as well as Historic Hudson Valley. These communities participate in joint activities to promote the historic and cultural heritage of the area. Westchester County developed a Greenway Compact Plan (see Appendix A for synopsis) that includes a regional economic development strategy for the HRTW that promotes tourism while incorporating protection of natural, cultural, and historic resources, main street revitalization, and increased access to the Hudson River. The Plan includes such projects as the Hudson RiverWalk, a promenade that would stretch from Yonkers to Cortlandt, and a Route 9 signage program to draw people to downtowns, historic sites, parks and trailways. The Hudson River Valley Greenway Communities Council adopted the Greenway Plan in June 2001. The Village of Croton-on-Hudson adopted the Plan in November 2001, making it the second one to be adopted in the 13- county Hudson River Valley region. In 2004, the Village received the first Greenway Visions in Planning Award, recognizing its completion of a series of projects that resulted in the preservation of the Croton River Gorge and its parks, trails and well field protection area, as well as the development of Echo Canoe Launch. NATURAL FEATURES Land Resources Topography Croton-on-Hudson’s topography includes low-lying areas along the Hudson River, Route 9, and the railroad tracks, a fairly deep ravine along the Croton River and a plateau along its northern boundary that in some areas reaches elevations up to 500 to 600 feet within a mile of the Hudson River. This steep terrain has formed a series of ravines and the following watershed drainage areas within the Village (Figure 12 & Figure 13, page II-47, II-48): o Hudson River Basin: draining to the Hudson River to the west o Croton Gorge Basin: draining to the Croton River and Bay to the south and east. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-45 o Furnace Brook Basin: draining to the north where the drainage terrain is less steep and flows to lakes and streams, including the Furnace Brook and Lake in Cortlandt. Croton-on-Hudson’s topographical features also create dramatic views that orient most of the Village toward its two riverfronts: the steeper elevations in the northern section of the Village slope down to more level ground to the west along the Hudson and to the southern portion along the Croton River. Soils and Geology Croton-on-Hudson is located within a bedrock complex approximately 480 million years in age. Known as the “Manhattan prong,” this series of metamorphic rocks extends from southwestern Connecticut and northern Westchester County, south to the southern tip of Manhattan Island. Soils within the Village of Croton-on-Hudson are typical of those in Northern Westchester, due to similar bedrock structure and glacial activity. In general, the Village is composed of upland soils associations, with glacial outwash, and organic materials along the Hudson River shoreline. Most of its soils are glacial in nature, consisting primarily of till (soils containing rocks and pebbles of irregular size), finely sorted soils (pebbles and stones of regular size), and fine outwash sands. The shoreline of the Hudson River is a mixture of glacial soils, alluvial deposits, and organic materials and Croton Point was formed as a remnant of a glacial delta. In general, depth to bedrock tends to increase as one goes downslope, leading to alluvial deposits that form the banks of the Croton and Hudson Rivers. Soil depths tend to be deeper along the Croton River ravine closer to the mouth of the Croton River. This is due to the collapse of the original Croton Dam during the mid-19th century, when dammed water broke free, rushing massive quantities of soil, sediment, trees, and even houses, downstream. Due to irregularity of the bedrock, the soil cover in the Village varies from almost non­existent on tops of the hills too deep at the bottoms. Since the bedrock is irregular on the sloped surfaces, soil depths cannot be generalized. Without taking soil borings, trees can often be used as indicators of depth of soil. On steep slopes where few trees exist, obviously there is not sufficient soil to support them. Often the tree roots extend above the soil indicating that while there was sufficient cover for the tree's original tap roots, insufficient soil exists to allow all roots sufficient burial. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-46 Given the irregular bedrock in the Village, trees and ground covering plants are crucial for slope stabilization. According to the Village’s municipal code (Chapter 195), erosion along steep slopes is a major issue for the Village, as this process includes the loss of topsoil, a valuable natural resource, which can result in the disturbance of habitats, degradation of the quality of surface water, alteration of drainage patterns, the gullying of land, obstruction of drainage structures and intensification of flooding. The unstable slopes in the Village can result in “slumping,” which produces cracks and gaps in sidewalks, retaining walls, and railroad ties; many Village roads show the results of frost heaving in the late winter and early spring. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-47 Figure 12: Steep Slopes DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-48 Figure 13: Major and Minor Drainage Basins DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-49 DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-50 Human activities as well as natural activities such as deer over-grazing have both contributed to a reduction in protective vegetative features along slopes.3 It is the public policy of Croton-on-Hudson as stated in the Village’s Steep Slope Law “to preserve, protect and conserve its steep slopes so as to maintain and protect the natural terrain and its vegetative features, preserve wetlands, water bodies and watercourses, prevent flooding, protect important scenic views and vistas, preserve areas of wildlife habitat, provide safe building sites and protect adjoining property by preventing surface erosion, creep and sudden slope failure.” Environmental Remediation Due to previous industrial uses, several waterfront areas of Croton have required environmental remediation. Three formerly polluted sites have been remediated. Croton Landing Park (former Seprieo Site) was remediated as part of the waterfront park development. Two other federally-designated Superfund sites include the landfill at Croton Point and the PCB-contaminated lagoon at the Metro-North repair yard. Croton Point Sanitary Landfills (Croton Point Park) This site was operated as a county landfill from 1927 until 1986, and accepted both municipal and industrial wastes. In 1996, the 125-acre site was remediated and restored for use as a County Park. The footprint of the former landfill site is covered with grass and there are no buildings or structures on top. Remediation at the site is complete. Environmental monitoring is ongoing to determine the effectiveness of the remediation and ensure the protection of public health.4 In addition, Westchester County remediated its Railroad 1 Landfill at Croton Point in 2003-2004 by recapping the landfill with a new impervious synthetic membrane. The entire surface of the landfill was regraded, and new underdrains and groundwater monitoring wells were installed, along with a maintenance building used by County staff to monitor the landfills. The landfill re-capping project reduced infiltration of surface water and the subsequent generation of leachate, which if not controlled would migrate into and impact the Hudson River. 3 Croton-on-Hudson’s Conservation Advisory Council Recommendations for Controlling the White-Tailed Deer Population, March 8, 2010. 4 New York State DEC. Environmental Site Remediation Database: Croton Point Sanitary Landfill. http://www.dec.ny.gov/cfmx/extapps/derexternal/haz/results.cfm?startRecord=101&api=0 DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-51 Harmon Railroad Yard - Waste Water Area Years of Metro-North railroad repair yard operations resulted in the contamination of its wastewater treatment plant lagoon and pond system, the surface soils next to the lagoon and components of the original Wastewater Treatment Plant for the facility. Remediation of these elements was substantially complete by May 1996. Later investigation found that the non-aqueous phase liquid (NAPL) around the former wastewater treatment plant lagoon was the only remaining environmental media requiring remedial action. Remedial actions have reduced the NAPL, and since 2004, tests have not exceeded concentrations that would deem the NAPL as a hazardous waste. Remedial efforts are on-going to remove NAPL to the extent possible. 5 WATER RESOURCES Tidal and Freshwater Wetlands The water resources of the Village define much of its natural character: Hudson River and Croton River and associated freshwater wetlands, the ponds at the north end of the Village and several smaller streams that run from the higher elevations to the lower rivers, and their wetlands. The Croton Water Control Commission reviews all construction within 120 feet of a water body (which includes wetlands). Wetland areas within the Village are located along Croton Bay, in the tidal flats and in a few areas in the northeast section of the Village (Figure 14, page II-54). According to the New York State Department of Environmental Conservation (NYSDEC), wetlands (swamps, marshes, bogs, and similar areas) are areas saturated by surface or ground water sufficient to support distinctive vegetation adapted for life in saturated soil conditions. Wetlands serve as natural habitat for many species of plants and animals and absorb the forces of flood and tidal erosion to prevent loss of upland soil.6 In New York, wetlands are regulated at the state and federal level, and in some locations, at the local level as well. Hydric soils are permanently or seasonally saturated by water, and have comparable anaerobic conditions as found in wetlands. 5 NYS DEC. Environmental Site Remediation Database: Harmon Railroad Yard - Waste Water Area. 6 http://www.dec.ny.gov/lands/305.html DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-52 Flood Hazard Areas The Preliminary Flood Insurance Rate Map (FIRM) provided by the Federal Emergency Management Agency (FEMA) shows Special Flood Hazard Areas (SFHA) and the risk premium zones applicable to a community. Figure 15 shows the SFHA, with areas identified as being in the 100-year flood zone, which have a 1-percent chance of being inundated in any given year. The 500-year flood zone indicates areas with a 0.2-percent chance of inundation in any year. There are no areas that have additional hazards due to storm-induced velocity wave action (VE Zones). The low-lying properties located within the SFHA include Croton Landing Park, the Croton Yacht Club, Senasqua Park, Croton Point Park, Van Cortlandt Manor and a significant portion of the Croton-Harmon Station and parking areas. The Village formerly had a DPW maintenance facility located adjacent to the station parking lot that was within the SFHA. Salt and other road maintenance material leached from the facility into the Croton Bay in the past. The facility was relocated out of the SFHA in 2019. Groundwater and Surface Water Quality Groundwater Resources The Village is located immediately adjacent to the Croton and Kensico Watersheds of the Croton Aquifer System. The Croton River has a drainage area of 375 square miles; it is the predominant source of groundwater supply for the Croton-on-Hudson well system. The Village’s wells tap into sand and gravel aquifers along the Croton Basin, just northeast of Black Rock Park; this groundwater provides a local source of clean water. More details about groundwater quality and water supply infrastructure are found in Section II. Surface Water Resources The waterbodies in the Village have different NYS DEC Surface Water Classifications. Class A surface waterbodies are associated with water suitable for drinking. The Croton River from the New Croton Dam to the Glendale Lake Tributary (adjacent to Black Rock Park) is the only Class A waterbody in the Village. The water at this location is tapped for the Village’s water supply. Class B waters are suitable for primary contact recreation and any other uses except as a source of water supply for drinking, culinary or food processing purposes. Class B waters in the Village are found along the Croton River from the Glendale Lake Tributary to the tidal portion at its mouth (near Van Cortlandt Manor). The Hudson River within the boundaries of Croton is also classified as Class B. Surface waters at Silver Lake Park are DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-53 tested for bacterial contamination periodically and during the summer months when the park is open to swimming. The remaining streams within the Village of Croton (one in the Prickly Pear Hill area, the second running parallel to Lounsbury Road, and the third running parallel to Beekman Avenue), all of which are tributaries to the Hudson River, are classified as Class C. Class C waters are suitable for fishing and fish propagation. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-54 Figure 14: Tidal and Freshwater Wetlands DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-55 Figure 15: FEMA Special Flood Hazard Areas (SFHAs) DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-56 NATURAL RESOURCES AND HABITATS Significant Fish and Wildlife Habitats There are two NYSDOS-designated Significant Coastal Fish and Wildlife Habitats in the Village. One is the Croton River and Bay habitat. The Croton River is a relatively large 3.5- mile stream fed by the New York City watershed system at New Croton Dam and the New Croton Reservoir. The other is Haverstraw Bay located in the widest section of the Hudson River estuary. The Bay includes extensive shallow areas and is a place where the freshwater from the upper river mixes with the salt water from the Atlantic, producing a predominantly brackish water habitat. Croton River and Bay Significant Coastal Fish and Wildlife Habitat7 The Croton River and Bay fish and wildlife habitat includes an approximate one-mile segment of the river (within tidal reach of the Hudson) and an approximate 1,200-acre shallow bay and mudflat area south of Croton Point. The bay contains extensive beds of submergent aquatic vegetation. The Croton River is a relatively large, warm water stream, with a drainage area of over 375 square miles, and an average annual discharge volume in excess of 500 cubic feet per second. The upper two-thirds of the stream is freshwater and the lower third is brackish due to the mixing of tidal inflows from the Hudson River. The freshwater section includes the Village watershed area with numerous wells supplying the Village with potable water. During periods of State-declared drought emergency, the freshwater flow can be diverted out of the Croton River for municipal water supplies to a maintenance level in the Croton River of 12 inches. Therefore, the tidal portion of the Croton River is included in the habitat. In addition to flow diversions, Croton River and Bay have been subject to considerable habitat disturbance, including filling of wetlands for waste disposal at the Croton Point Landfill, discharges of stormwater runoff, industrial and residential development, and the presence of road and railroad crossings. 7 Croton River and Bay Significant Fish and Wildlife Habitat Coastal Fish and Wildlife Assessment Form, NYS DOS. http://www.dos.ny.gov/opd/programs/consistency/habitats/hudsonriver/croton_river_and_bay_final.pdf Croton River DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-57 Croton River and Bay comprise one of the largest shallow bay areas in the lower Hudson River sheltered from strong currents and, to some extent, from prevailing winds. Although no unusual concentrations of any fish or wildlife have been documented in Croton River and Bay, it is a productive year-round habitat for resident fish species, such as largemouth bass, brown bullhead, carp, and panfish, and serves as a resting, foraging, and nursery area for anadromous species. As a result of the abundant fish supply and accessibility of the area, Croton River and Bay are very popular for recreational fishing, as a recognized "hot spot" for striped bass. In addition, these fish populations may be important for osprey, a New York State- threatened species, during migration. Locally significant numbers of waterfowl occur in the area during spring (March-April) and fall (September-November) migrations. There is a popular trout fishery in the Croton River downstream of the New Croton Reservoir that NYSDEC stocks annually with rainbow and brook trout yearlings. Haverstraw Bay Significant Coastal Fish and Wildlife Habitat The Haverstraw Bay fish and wildlife habitat encompasses the entire River over an approximate six-mile reach, in the widest section of the Hudson estuary. Haverstraw Bay has extensive shallow water areas which deepen to a dredged navigation channel in the western half of the bay. During much of the year, Haverstraw Bay is a place where freshwater from the upper River mixes with salt water from the Atlantic, producing a predominantly brackish water habitat. Habitat disturbances, such as dredging, filling, bulkheading, waste disposal and pollution from upland and in-river sources, have all been significant at some time during the recent history of this area. Despite various disturbances, Haverstraw Bay is an important fish and wildlife habitat in the Hudson River estuary. Haverstraw Bay regularly comprises a substantial part of the nursery area for striped bass, tomcod and Atlantic sturgeon that are produced in the Hudson. Other anadromous species, such as American shad, blueback herring and alewife, spawn in upstream freshwater areas, but move south and feed in this area before leaving the River in the fall. Haverstraw Bay is also an important nursery and feeding area for certain marine species, most notably bay anchovy, Atlantic menhaden, bluefish, weakfish, and blue claw crab. Depending on location of the salt front, a majority of the spawning and juvenile Atlantic sturgeon wintering in the Hudson may reside in Haverstraw Bay. A portion of the shortnose sturgeon population, a Federal endangered species, also winters in this area. Lower Hudson River Estuary Croton-on-Hudson is one of the many communities located along the Hudson River estuary, which has long been recognized as a valuable state and local resource, as well DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-58 as an important part of the North Atlantic coastal environment. The Hudson River is regionally significant as a productive estuary and is one of only a few major tidal rivers on the North Atlantic coast of the United States. The lower Hudson supports regionally significant fish populations as well as populations of wintering and migratory birds that feed on the rich fish and benthic resources. This is the primary nursery and overwintering area for striped bass in the Hudson River estuary, and striped bass from the Hudson account for an impressive portion of the total North Atlantic population. The estuary contains important spawning and nursery grounds for many commercially valuable fish and shellfish species as well as significant acreage of tidal freshwater wetlands within the State. These wetlands, along with the river's brackish tidal wetlands and stands of submerged aquatic vegetation, contribute essential nutrients which support the Hudson's complex web of life. Critical Environmental Areas Westchester County has designated two areas within Croton-on-Hudson as Critical Environmental Areas (CEAs): the Hudson River CEA and Croton Point Park CEA (see Figure 16). According to the County, these areas have exceptional or unique character due to their history, ecology, scenery, and recreational opportunities associated with the shoreline. To be designated as a CEA, an area must have an exceptional or unique character with respect to one or more of the following: o A benefit or threat to human health; o a natural setting (e.g., fish and wildlife habitat, forest and vegetation, open space and areas of important aesthetic or scenic quality); o agricultural, social, cultural, historic, archaeological, recreational or educational values; or o an inherent ecological, geological or hydrological sensitivity to change that may be adversely affected by any change. As described in New York State’s Environmental Quality Review Act (SEQRA), a CEA has special protection under SEQRA. Following designation, the potential impact of any Type I or Unlisted Action on the environmental characteristics of the CEA is a relevant area of environmental concern and must be evaluated in the determination of significance. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-59 Figure 16: Critical Environmental Areas DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-60 SCENIC RESOURCES AND IMPORTANT VISTAS Within the Village, there are no officially designated Scenic Areas of Statewide Significance (SASS). However, in many areas, generally on higher elevations and from portions of Route 9, there are views of the Hudson River and the Croton River and Bay. Within the Hudson Riverfront planning area, visual access to the Rivers and Bay is somewhat impaired by rock outcrops, railroad tracks, large and small railroad-related buildings and towers, and a large warehouse at Route 9 and Municipal Place. Not only is sighting of the Hudson River and Croton Bay impaired by the presence of the above- mentioned structures, but their industrial nature and, in some cases, dirty and deteriorated facades, further impairs scenic quality. There are, however, specific areas along Route 9 where there are unparalleled views of the western shore of the Hudson and Croton Point. Croton Point Park, Croton Landing Park, Senasqua Park, and the Half Moon Bay promenade are public locations on the Hudson Riverfront offering panoramic views of the Hudson River, both north and south. However, to get to many of these locations, one must travel across Route 9 and, in the case of Croton Point Park, the railroad tracks, which both negatively impact scenic vistas. When approaching Croton-on-Hudson from the south on Route 9, the railroad tracks, station and yards are the dominant sight along the Hudson River. When entering from the south while on a train, the sight that passengers see not only includes all the above mentioned, but also substantial debris along the railroad beds. The south end of the Croton Harmon station parking lot is used by the Village for temporary storage of road maintenance materials and a salt shed, and has no organized layout. In addition, the tower lights installed by Metro-North to illuminate the station and railroad yards are substantially contributing to light pollution. The presence of the railroad and its associated uses are expected to continue in the future. However, many opportunities exist within this constraint for cleanup and screening and for the reduction of light pollution. Many property owners living on the high land that runs along South Riverside Avenue starting just south of the Duck Pond at Bungalow Road and running south have a wonderful view of the Hudson River. Although they have to also look at railroad tracks, the Harmon yards and the Shop-Rite Plaza, the view is still spectacular. There are also panoramic views from homes along North Riverside Avenue and on the bluffs above North Riverside Avenue. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-61 INFRASTRUCTURE Transportation State Routes 9 and 9A are north-south travel corridors which pass through the Village. While Route 9 is a limited-access four-lane highway, Route 9A is more of a minor arterial with numerous driveways and intersecting local roads. Roadways such as Route129, Old Post Road and Grand Street collect traffic from local streets in Croton's residential neighborhoods and channel it into arterials. See Figure 17. Traffic flow and parking in the Upper Village/Harmon area have become increasingly difficult. Additional commercial parking is needed in the Upper Village area, and parking may be needed in the Harmon area in the future if new development puts pressure on the existing parking supply. Many streets in this area are steep and narrow, particularly those in the "Trails" area, around the Municipal Building and near and bordering on the Croton River. Many houses along these streets were built without garages. As a result, residential parking on Upper Village streets is common where small lots with minimal driveway space cannot accommodate the demands of multi-car families. Croton-Harmon Train Station The Croton-Harmon railroad station at the south end of the Village is a regional rail transportation center, providing local commuter service to New York City via Metro- North, and service to points north including Albany, Buffalo, Toronto, and Montreal via Amtrak. Over 100 Metro-North trains stop daily at the Croton-Harmon Station on route to or returning from Midtown Manhattan’s Grand Central Terminal. The commute between Croton-Harmon and Grand Central ranges from 45 to 70 minutes depending on the time of day and whether the train is an express or local. Due to the station’s location adjacent to a major interchange with Route 9, the area represents a highly visible segment of the community. The Croton-Harmon Railroad Station is the seventh-largest of Metro-North’s stations by ridership. In 2013, 2,665 commuters boarded trains (including transfers) at the station during weekday peak AM commuting hours on route to Grand Central Terminal. Most commuters are from Westchester municipalities (including Croton, Ossining, Cortlandt and Yorktown Heights), although commuters from Putnam, Dutchess and Orange Counties also use the station. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-62 Figure 17: Transportation Infrastructure DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-63 The parking facility at the train station is owned and operated by the Village of Croton- on-Hudson. The Village provides a 2,150-space commuter parking facility at the station, with 1,650 spaces reserved for monthly permit holders and 500 daily spaces. The majority (65%) of parking permit holders live outside of the Village. Since the 1992 LWRP, Croton-on-Hudson has evaluated a number of alternatives to improve land surrounding the Metro-North train station to better serve future community needs; increase parking supply; improve vehicular, pedestrian, and bicycle access; increase revenue for the village; and improve the overall appearance and image of the train station hub. The Village has completed a project to provide safer accommodations into the parking facility that better balance the needs of all users (vehicular, bicyclists and pedestrians) and provide effective vehicular mobility through the corridor during all periods of the day with appropriate traffic control measures. This was accomplished through the construction of new sidewalks, re-delineation of the existing roadway to accommodate bike lanes, and installation of three new traffic signals and geometric improvements to key intersections. This project was funded from a federal Transportation Enhancement grant, a State Department of Transportation grant, Westchester County funding and the Village’s capital project fund. In 2010, the Village completed a major construction project to alleviate the risk of tidal flooding in 5.3 acres on the parking lot adjacent to Croton Bay. There are about 600 spaces in this area. Due to past flooding and increased demand for train station parking, the Village conducted a Parking Garage Feasibility Study to analyze the potential development of structured parking at Croton-Harmon Station (see Appendix A for Croton-Harmon Metro-North Railroad Station and Harmon Yards (Source: Bing Maps) DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-64 synopsis).8 The study area included the entire parking lot area, which at the time had 2,036 spaces on 47 acres. As described in the report, the overall intent of the feasibility study was to evaluate alternatives that would increase parking capacity to meet future growth, free up portions of the lot for other uses, enhance the station environment and commuter experience by improving pedestrian, bicycle, and vehicular safety and traffic flow, or potentially serve as replacement parking should the flood repaired areas of the lot be impacted by tidal flooding in the future. The 2011 study found that adequate parking capacity exists at Croton-Harmon Station for the near future, and recommended that the Village continue to monitor parking demand. In 2019, the Village relocated the DPW garage which had been located within the confines of the train station parking lot and added 150 parking spaces. Bus Service The Village is served by Westchester County buses on Route 9A, Croton Point Avenue, Riverside Avenue, Benedict Boulevard, Cleveland Drive, Old Post Road South, and Maple Street. These buses provide transportation north through the City of Peekskill to Cortlandt Town Center (the location of a regional shopping center), and south to White Plains, which is a major hub of the bus transportation system for the County. Water and Sewer Infrastructure Water Supply Although Croton-on-Hudson is situated close to the New York City-owned Croton Aqueduct System and borders the Croton River, it does not tap into the reservoir system for its water. Instead, its water supply comes directly from sand and gravel aquifers pumped from three deep wells under the Croton River Basin, which are located in the northern portion of the Village, just south of the New Croton Dam. According to a 2004 report by Chazen Companies, in non-pumping conditions, the water table of the well fields is, generally, in equilibrium with the elevation of the river. Recharge to the system comes from sources such as precipitation, surface flow from the Croton River and groundwater flow from upland areas. Well water provides a very pure source of water because it requires only a minimum amount of treatment and avoids the potential 8 Village of Croton-on-Hudson – Parking Garage Feasibility Study Report, February 17, 2011. Timothy Haahs and Associates, Inc. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-65 problems with pollution run-off that are associated with surface water from the reservoir system. Groundwater pumped from the sand and gravel aquifer is treated with chlorine at the water treatment plant for disinfection purposes. According to the Village’s 2020 Annual Water Report, the water system (Figure 18, page II-70) supplies approximately 8,060 people, in residences, business and industries through approximately 2,500 service connections. Most residents receive water from this system; however, some residents use private wells. The Village’s three active wells are located on Route 129. The wells can produce up to 1.8 to 2 million gallons of water per day. During 2013, the daily average volume of water treated and pumped into the distribution system was slightly more than 1 million gallons per day. The automation of the well pumping system was completed in 2001. Water pumped from the wells is stored in a network of four reservoir tanks located throughout the Village: two tanks in the Mount Airy area, one on Hessian Hills Road and the fourth on the Hudson National Golf Course. The four tanks can hold a total of 2.3 million gallons of water. The capacity (by tank) is summarized in Table 4. In 2014, all three wells were refurbished. Work included cleaning the wells, upgrading the pumps and other improvements to meet the regulations related to chlorine contact time. The newly refurbished wells and pumps are expected to operate more efficiently and pump water at a greater capacity than what was previously possible. In 2018, the Village installed a corrosion control system to reduce the presence of lead and copper in the water supply. Since 2013 the Village has completed a significant water main relining and replacement project in the areas from Cleveland Drive (south of Alexander Lane) to the Croton River, on: Wolf and Cook Lanes, Old Post Road North from High Street to Albany Post Road, Stevenson Place, Mt. Green Road and Elliott Way. These areas experienced severe brown water problems due to the age of the unlined cast iron water mains, some over 110 years old. The Village replaced or added approximately 8,600 feet of new water mains and relined about 31,000 feet of existing water mains for a total of nearly 7.5 miles of water main improvements. The project also included the installation of 50 new or replacement fire hydrants and more than 175 new or replacement water valves. Table 4: Tank Capacity Tank Capacity (in gallons) 1. Upper North Highland: 1,250,000 2. North Highland underground: 400,000 3. Hessian Hill Road: 500,000 4. Hudson National Golf Course: 150,000 Total: 2,300,000 Source: Village of Croton-on-Hudson DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-66 Drinking Water Quality The New York State Department of Health (NYS DOH) has completed a Source Water Assessment for the Village’s water system. Based on available information, potential and actual threats to this drinking water source were evaluated. The State Source Water Assessment includes a susceptibility rating based on the risk posed by each potential source of contamination and how easily contaminants can move through the subsurface to the wells. The Source Water Assessment has rated three of the wells as having a medium-high susceptibility to microbials. These ratings are due primarily to the fact that the wells are high-yielding wells, drawing from a possible unconfined aquifer, which is a shallow aquifer that occurs immediately below the ground surface and has no overlying protective layer to prevent contamination from potential sources. While these wells were rated as being susceptible to microbials, all water from the wells is disinfected prior to delivery to ensure that it meets New York State’s drinking water standards for microbial contamination. The Village monitors the water supply to determine the presence of any radioactive, biological, inorganic, volatile organic, or synthetic organic contaminants. The Village’s Municipal Code establishes protective land use regulations for the watershed affecting well fields.9 The Water Supply Protection Code defines the three zones in the watershed which affect the well heads and a degree of regulation and management is provided for each zone. The three-zone system is superimposed on existing land use zones, with the more restrictive requirements prevailing when the zones are in conflict. The three zones are defined as follows and are shown in Figure 19. o Zone 1: the wellhead protection area, including the cone of influence. o Zone 2: the recharge area of the aquifer. o Zone 3: the watershed area tributary to the recharge area. The health of the three-mile section of the Croton River between the New Croton Reservoir and the Hudson River is highly influenced by management of the New Croton Reservoir. Currently, water levels in the Croton River are regulated as part of the New York City (NYC) Croton Water Supply System, which supplies a portion of New York City’s water through reservoirs and tunnels. Although flows in the Croton River can be naturally low due to climate and seasonal conditions, NYC DEP is required to maintain certain baseflow conditions in the river as part of their NYS DEC water withdrawal permit. 9 Village of Croton-on-Hudson NY Water Supply Protection, Code of the Village of Croton-on- Hudson NY. Chapter 223: Water, Article II Water Supply Protection. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-67 NYS DEC's draft streamflow standard (a candidate to include in surface water quality standards) proposes a process to arrive at aquatic baseflows for protecting aquatic life below impoundments. Based on this proposed flow standard, the applicable minimum flow or the “conservation flow” for the lower Croton River is 0.5 cubic feet per second per square mile (cfsm) of watershed in "summer" (April through September) and 1.0 cfsm in "winter" (October through March). These conservation flows are similar to minimum flows the U.S. Fish and Wildlife Service recommends for New England waterways.10 The release schedule was originally designed to support seasonal use by anadromous fish species. According to a study conducted by the New York State Water Resources Institute at Cornell University, the schedule can sometimes lead to fluctuations in water temperatures, especially during the summer months when cool water is released for baseflow requirements from the bottom of the reservoir. In this instance, the conservation flow is composed of cold (50° F) water. With a little rain or a reduction in the amount NYC is withdrawing for water supply purposes, the reservoir can rise and spill warm (70°s to low 80°s F) water in volumes many times greater than the deep cold water minimum release. When this happens, Croton River water temperatures can fluctuate wildly by as much as 30° F in a matter of only a few hours or days, as the reservoir alternately pulses between not spilling and spilling.11 Some fluctuations are normal for a river, but extreme fluctuations can cause increased erosion of the stream banks, excessive silting and drastic temperature changes. This severe variation in water temperature impacts the ecological processes downstream including fish and in-stream wildlife habitats. Data documenting ecological impacts of the New Croton Reservoir on the Croton River are sparse. The available data does demonstrate that the Croton River does experience fluctuations that could adversely affect the river’s ecosystem. Additional studies are needed to determine how flow changes actually affect wildlife in the Croton River corridor. A study conducted by the New York State Water Resources Institute, showed that during certain years, and during certain months of those years, the flow rate in the Croton River below the reservoir is only a fraction of what naturally should be observed in a watershed of this size. The extent to which the reduction in flow to the Croton River influences the water located in the aquifer is not completely known. While NYC DEP is required to maintain certain baseflow conditions, the conservation flow may not be sufficient to 10 A Preliminary Assessment of Croton River Hydrologic Alterations below New Croton Reservoir. New York State Water Resources Institute at Cornell University 11 Ibid. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-68 maintain water levels necessary to recharge and protect the aquifer, support fish and wildlife species as well as public recreation on the river. In addition to temperature fluctuations, a study of mandated base flows is needed to ensure New York City’s Water Supply needs do not negatively affect the Croton River watershed downstream from the New Croton Dam. New York City Department of Environmental Protection (DEP) recently completed a $13.4 million project to upgrade certain parts of the New Croton Dam. The project involved reconstruction of the low-level outlet works, which provide critical operational and safety functions, including the management of the conservation flow to the Croton River and the capability to lower the reservoir level in the event of a dam safety emergency. These functions were limited by outdated and inoperable equipment. Sewer Infrastructure The Village is within the County's Ossining Sanitary Sewer District, which serves the central and southern areas of the Village (Figure 18). According to the Village Engineer, there is sufficient capacity in the system to serve Village residents. Individual septic systems are primarily located in the North End of the Village. Most of the Village’s sanitary sewer system was installed during the 1920s and 1930s, connecting existing houses to the sewer system. Subdivisions constructed more recently by private developers also have sewer connections, as the Village required private developers to install sanitary sewers. However, houses developed after the 1930s by individual residents in the outlying areas of the Village on single lots were often not connected to the system. These homes are served by private septic systems. Most of the Village’s sewer lines are between 80 and 90 years old and are beginning to show signs of age. Some lines are cracking and need to be re-lined or replaced. There are periodic issues with these lines and the Village has focused efforts on manholes and sewer lines that have problems. The Village has also focused on upgrading sewer pump stations in in order to increase the reliability and safety of the stations as well as increasing energy efficiency. The Phase I upgrade to the Nordica Sewage Pump station was completed in 2010 and the phase II improvements are being planned. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-69 Stormwater Infrastructure Stormwater runoff presents an additional problem to the Village. The Village has taken a significant step in identifying problem areas by developing a map of the Village’s stormwater system. In 2003, a Village-wide drainage study was performed by Dvirka & Bartilucci Consulting Engineers (D&B). The study identified 13 drainage basins and provided a brief analysis of each. Since the study was completed, work has been undertaken on many of the basins including the four given the highest priority – the Brook Street, High Street, Grand Street and Batten Road basins. The Brook Street Watershed improvements included the rebuilding of Kaplan’s Pond so that it can be drained and utilized as a detention basin before large storm events. Storm drain pipes and catch basins were built along Batten Road to reduce flooding in that area. Storm drains in the Grand Street drainage basin were inspected, but no further improvements are planned. A supplemental report completed in 2011 analyzed a problematic watershed: Georgia Lane. DPW undertook improvements to this area by increasing the diameter of the existing culvert, modifying the existing spillway and constructing a new outlet structure. This work was completed in 2018. Another area of concern is the 170- acre stormwater drainage area that includes the residential area east of Cleveland Drive, the Shoprite shopping center, and the Route 9/9A right-of-way. Untreated stormwater from this drainage area is discharged directly into the Croton Bay, which is detrimental to the health of the estuarine ecosystem. The outfall pipes at this location are maintained by the New York State Department of Transportation (NYS DOT). Approximate area draining directly into the Croton Bay DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-70 Figure 18: Water and Sewer Districts DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program II-71 Figure 19: Zones of Groundwater Protection, Croton-on-Hudson Well Field DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-1 STATE AND LOCAL POLICIES DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-2 The LWRP policies and sub-policies, collectively referred to as "policies," presented in this chapter consider the economic, environmental and cultural characteristics of the waterfront. The policies represent a balance between economic development and preservation that will permit beneficial use of and prevent adverse effects on coastal resources. They also represent the enforceable policies of the New York State Coastal Management Program for the waterfront area subject to this LWRP. The policies are comprehensive and reflect the community's concerns, and they will be enforced by Croton-on-Hudson. The policies are the basis for Federal and State consistency determinations for activities affecting the waterfront area. The policies are enforceable as a matter of state and local law; however, for reviews conducted under the Federal Coastal Zone Management Act, the explanatory text is for explanatory purposes only. Restore, revitalize, and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational and other compatible uses. Policy 1A: Encourage integrated development of Village property to assure fulfillment of requirements relating to parking and accessory uses of Metro-North train station, while facilitating public access to the bay area and recreational use. Policy 1B: Encourage restoration of deteriorating structures related to railroad use and assure appropriate maintenance and screening to reduce visual impact. Policy 1C: Encourage the appropriate re-use of the old sewage treatment plant site at the intersection of Route 9A and Municipal Place. Explanation of Policies State and federal agencies must ensure that their actions further the revitalization of urban waterfront areas. The transfer and purchase of property; the construction of a new office building, highway or park; the provision of tax incentives to businesses; and establishment of enterprise zones, are all examples of governmental means for spurring economic growth. When any such action or similar action is proposed, it must be analyzed to determine if the action would contribute to or adversely affect a waterfront revitalization effort. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-3 It must be recognized that revitalization of once dynamic waterfront areas is one of the most effective means of encouraging economic growth in the State, without consuming valuable open space outside of these waterfront areas. Waterfront redevelopment is also one of the most effective means of rejuvenating or at least stabilizing residential and commercial districts adjacent to the redevelopment area. In responding to this policy, several other policies must be considered: (1) Uses requiring a location abutting the waterfront must be given priority in any redevelopment effort. (Refer to Policy 2 for the means to effectuate this priority); (2) As explained in Policy 5, one reason for revitalizing previously dynamic waterfront areas is that the costs for providing basis services to such areas is frequently less than providing new services to areas not previously developed; (3) The likelihood for successfully simplifying permit procedures and easing certain requirements (Policy 6) will be increased if a discrete area and not the entire urban waterfront is the focus for this effort. In turn, ease in obtaining permits should increase developers' interest to invest in these areas. Further, once this concentrated effort has succeeded, stabilization and revitalization of surrounding areas is more likely to occur. Local governments through waterfront revitalization programs have the primary responsibility for implementing this policy. Though local waterfront revitalization programs need not be limited to redevelopment, local governments are urged to identify areas as suitable for redevelopment, and establish and enforce redevelopment programs. 1. When a Federal or State action is proposed to take place in an urban waterfront area regarded as suitable for redevelopment, the following guidelines will be used: a. Priority should be given to uses which are dependent on a location adjacent to the water (see Policy 2) b. The action should enhance existing and anticipated uses. For example, a new highway should be designed and constructed so as to serve the potential access needs for desirable industrial development c. The action should serve as a catalyst to private investment in the area d. The action should improve the deteriorated condition of a site and, at a minimum, must not cause further deterioration. For example, a building could not be abandoned without protecting it against vandalism and/or structural decline e. The action must lead to development which is compatible with the character of the area, with consideration given to scale, architectural style, density, and intensity of use DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-4 f. The action should have the potential to improve the existing economic base of the community and, at a minimum, must not jeopardize this base. For example, waterfront development meant to serve consumer needs would be inappropriate in an area where no increased consumer demands were expected and existing development was already meeting demand g. The action should improve adjacent and upland views of the water, and, at a minimum, must not affect these views in an insensitive manner h. The action should have the potential to improve the potential for multiple uses of the site 2. If a State or Federal action is proposed to take place outside of a given deteriorated, underutilized urban waterfront area suitable for redevelopment, and is either within the relevant community or adjacent coastal communities, the agency proposing the action must first determine if it is feasible to take the action within the deteriorated, underutilized urban waterfront area in question. If such an action is feasible, the agency should give strong consideration to taking the action in that area. If not feasible, the agency must take the appropriate steps to ensure that the action does not cause further deterioration of that area. The Village’s waterfront is characterized by a significant amount of public open space and recreational use; however, such resources are constrained by limitations upon physical access to the waters of the Hudson and Croton Rivers. Although there are Village-owned parks and recreational areas on the Croton and Hudson Rivers’ edges, access to these parks can be difficult. Due to the limited amount of land with direct access to and from the rivers, opportunities for new water-dependent developments are constrained. In addition, the railroad, associated structures and other transportation corridors separate the Hudson and Croton Bay waterfronts from the rest of the Village. However, opportunities do exist for redevelopment and revitalization of Village-owned land within the WRA. See also Policies 19, 24 and 25. Specifically, the Village-owned land adjacent to the commuter parking lots at the Metro-North railroad station, the site of the Echo Canoe Launch, is an important recreational resource. Policy 1A encourages the continued improvement of this property so as to enhance public access to the Croton River and Bay and the Hudson River by maintenance and improvement as necessary of the boat ramp; exploring additional parking for the ramp; and enhancing walkways, benches, signage and wayfinding measures. In addition, the central Village garage facility should be relocated out of the 100-year floodplain, where it would be more appropriate for storage of bulk items and DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-5 road maintenance and more efficient in terms of maintenance and operation. In addition, the Village should explore opportunities to improve the Village-owned commuter parking lots at the Metro-North railroad station, to improve circulation, ensure sufficient parking and reduce the stormwater impact through landscaping and similar measures. Restoration and maintenance of railroad-related structures is also of prime importance. These structures present significant visual intrusions to the viewsheds of the Hudson River from many areas of and to the Village. The Village has adopted a Park, Recreation and Education zoning district in order to preserve natural resources, scenic beauty and other land and community resources whose retention is necessary for the continued maintenance of the quality of the environment. It is designed to provide for public parks; recreational activities including all types of athletic activities; schools and other educational facilities; nature preserves; bird and wildlife sanctuaries; and similar uses. Sites that have been designated either PRE-1 or PRE-3 are Croton Point Park, Brinton Brook Sanctuary, the Graff Sanctuary, the Jane E. Lytle Memorial Arboretum, Kaplan’s Pond and Village-owned open space in the Croton Gorge area. Other possible sites for designation include all Village-designated parks, Van Cortlandt Manor, public schools, Village-owned open space and the Croton Free Library. See also Policies 10, 19, 20, 21 and 22. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-6 Facilitate the siting of water dependent uses and facilities on or adjacent to coastal waters. Policy 2A: Encourage water-enhanced commercial uses where such uses complement water- dependent uses and do not result in displacement of such uses. Explanation of Policies There is a finite amount of waterfront space suitable for development purposes. Consequently, while the demand for any given piece of property will fluctuate in response to varying economic and social conditions, on a statewide basis, the only reasonable expectation is that long-term demand for waterfront space will intensify. The traditional method of land allocation, i.e., the real estate market, with or without local land use controls, offers little assurance that uses which require waterfront sites will, in fact, have access to the State's coastal waters. To ensure that such "water- dependent" uses can continue to be accommodated within the State, State agencies will avoid undertaking, funding, or approving non water dependent uses when such uses would preempt the reasonably foreseeable development of water dependent uses; furthermore, agencies will utilize appropriate existing programs to encourage water dependent activities. Water dependent activities shall not be considered a private nuisance, provided such activities were commenced prior to the surrounding activities and have not been determined to be the cause of conditions dangerous to life or health and any disturbance to enjoyment of land and water has not materially increased. A water-dependent use is an activity which can only be conducted on, in, over, or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. The following uses and facilities are considered as water-dependent: 1. Uses which depend on the utilization of resources found in coastal waters (for example: fishing, mining of sand and gravel, mariculture activities) 2. Recreational activities which depend on access to coastal waters (for example: swimming, fishing, boating, wildlife viewing) 3. Uses involved in the sea/land transfer of goods (for example: docks, loading areas, pipelines, short-term storage facilities) DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-7 4. Structures needed for navigational purposes (for example: dams, locks, lighthouses) 5. Flood and erosion protection structures (for example: breakwaters, bulkheads) 6. Facilities needed to store and service boats and ships (for example: marinas, boat repair, boat construction yards) 7. Uses requiring large quantities of water for processing and cooling purposes (for example: hydroelectric power plants, fish processing plants, pumped storage power plants) 8. Uses that rely heavily on the waterborne transportation of raw materials or products which are difficult to transport on land, thereby making it critical that a site near to shipping facilities be obtained (for example: coal export facilities, cement plants, quarries) 9. Uses which operate under such severe time constraints that proximity to shipping facilities become critical (for example: firms processing perishable foods) 10. Scientific/educational activities which, by their nature, require access to coastal waters (for example: certain meteorological and oceanographic activities) 11. Support facilities which are necessary for the successful functioning of permitted water- dependent uses (for example: parking lots, snack bars, first aid stations, short-term storage facilities). Though these uses must be near the given water dependent use they should, as much as possible, be sited inland from the water dependent use rather than on the shore. In addition to water dependent uses, those uses which are enhanced by a waterfront location should be encouraged to locate along the shore, though not at the expense of water dependent uses. A water enhanced use is defined as a use or activity which does not require a location adjacent to or over coastal waters, but whose location on land adjacent to the shore adds to the public use and enjoyment of the water’s edge. Water enhanced uses are primarily recreational, cultural, retail, or entertainment uses. A restaurant which uses good site design to take advantage of a waterfront view is an example of a water enhanced use. If there is no immediate demand for a water dependent use in a given area but a future demand is reasonably foreseeable, temporary non-water dependent uses should be considered preferable to a non-water dependent or enhanced use which involves an irreversible or nearly irreversible commitment of land. Parking lots, passive recreational facilities, outdoor storage areas, and non-permanent structures are uses DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-8 or facilities which would likely be considered as "temporary" non-water dependent uses. In the actual choice of sites where water-dependent uses will be encouraged and facilitated, the following guidelines should be used: 1. Competition for space - competition for space, or the potential for it, should be indicated before any given site is promoted for water dependent uses. The intent is to match water dependent uses with suitable locations and thereby reduce any conflicts between competing uses that might arise. Not just any site suitable for development should be chosen as a water dependent use area. The choice of a site should be made with some meaningful impact on the real estate market anticipated. The anticipated impact could either be one of increased protection to existing water dependent activities or else the encouragement of water dependent development. 2. In-place facilities and services - most water dependent uses, if they are to function effectively, will require basic public facilities and services. In selecting appropriate areas for water-dependent uses, consideration should be given to the following factors: a) The availability of public sewers, public water lines and adequate power supply; b) Access to the area for trucks and rail, if heavy industry is to be accommodated; and c) Access to public transportation, if a high number of person trips are to be generated. 3. Access to navigational channels - if commercial shipping, commercial fishing, or recreational boating are planned, the locality should consider setting aside a site, within a sheltered harbor, from which access to adequately sized navigation channels would be assured. 4. Compatibility with adjacent uses and the protection of other coastal resources – water dependent uses should be located so that they enhance, or at least do not detract from, the surrounding community. Consideration should also be given to such factors as the protection of nearby residential areas from odors, noise and traffic. Affirmative approaches should also be employed so that water dependent uses and adjacent uses can serve to complement one another. For example, a recreation-oriented water dependent use area could be sited in an area already oriented towards tourism. Clearly, a marina, fishing pier or swimming area would enhance, and in turn be enhanced by, nearby restaurants, motels and other non-water- DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-9 oriented tourist activities. Water dependent uses must also be sited so as to avoid adverse impacts on the significant coastal resources. 5. Preference to underutilized sites: The promotion of water-dependent uses should serve to foster development as a result of the capital programming, permit expediting and other State and local actions that will be used to promote the site. Nowhere is such a stimulus needed more than in those portions of the State's waterfront areas which are currently underutilized. 6. Providing for expansion - a primary objective of the policy is to create a process by which water dependent uses can be accommodated well into the future. State agencies and localities should therefore give consideration to long-term space needs and, where practicable, accommodate future demand by identifying more land than is needed in the near future. In promoting water dependent uses, the following kinds of actions will be considered: 1. Favored treatment to water dependent use areas with respect to capital programming. Particular priority should be given to the construction and maintenance of port facilities, roads, railroad facilities, and public transportation within areas suitable for water dependent uses. 2. When areas suitable for water dependent uses are publicly owned, favored leasing arrangements should be given to water dependent uses. 3. Where possible, consideration should be given to providing water dependent uses with property tax abatements, loan guarantees, or loans at below market rates. 4. State and local planning and economic development agencies should actively promote water dependent uses. In addition, a list of sites available for non-water dependent uses should be maintained in order to assist developers seeking alternative sites for their proposed projects. 5. Local, State and Federal agencies should work together to streamline permitting procedures that may be burdensome to water dependent uses. This effort should begin for specific uses in a particular area. 6. Local land use controls, especially the use of zoning districts exclusively for waterfront uses, can be an effective tool of local government in assuring adequate space for the development of water dependent uses. To ensure that water-dependent uses can continue to be accommodated within the WRA, the Village will avoid undertaking, funding or approving non-water-dependent uses when such uses would preempt the reasonably foreseeable development of water- dependent uses on the existing vacant waterfront parcels. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-10 The following uses and facilities are considered desirable as water-dependent in the Village: 1. Uses which depend on the utilization of resources found in coastal waters; 2. Recreational activities dependent on access to coastal waters; 3. Flood and erosion protection structures; 4. Scientific/educational activities, which, by their nature, require access to coastal waters; and 5. Support facilities necessary for successful functioning of permitted water- dependent uses. Though these uses must be near the given water-dependent use, they should, as much as possible, be sited inland from the water-dependent use rather than on the shore. Water-dependent uses should be located so that they enhance, or at least do not detract from, the surrounding community, and so that a balance of uses is achieved and maintained. Consideration should also be given to such factors as the protection of nearby residential areas from odors, noise and traffic. Affirmative approaches should also be employed so that water-dependent uses and adjacent uses can serve to complement one another. Water-dependent uses must also be sited so as to avoid adverse impacts on the significant coastal resources. Water-dependent recreational use at Silver Lake, Black Rock Park, Croton Point Park, Senasqua Park, Croton Landing Park, Mayo’s Landing, Echo Canoe Launch and the Croton Yacht Club should be maintained. In addition, the provision of public access to the water’s edge and specifically to water-dependent uses at the Half Moon Bay site and at any other privately held sites should be enforced. The Village has considered a restaurant near the Croton Yacht Club site in the past. A restaurant which uses good site design to take advantage of a waterfront proximity and views is an example of a water enhanced use. If a restaurant were to be developed at the site, it would be situated so as not to conflict with any water-dependent uses. Existing public access to the waterfront would need to be maintained, specifically the marina at the Croton Yacht Club and the boat launch and riverfront path at Croton Landing Park. Existing locations used for fishing shall be maintained. The location of the railroad lines virtually cuts off the Hudson River waterfront from the remainder of the Village, limiting public access to the waterfront. Priority should be given to water-enhanced or water-dependent uses which more directly complement the other goals for the WRA as expressed in this LWRP. Approval of any water-enhanced activity must be in DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-11 accordance with local policies regarding scenic resources (Policy 25) and erosion (Policies 14-17). Recreational use of powerboats on the waterfront sites should be strictly monitored so as to ensure that such uses are compatible with existing forms of recreational use. Enforcement of regulations related to boat speed, turbidity, safety and mooring activities must be undertaken by the proper authorities. Such regulations are determined at the Federal, State and local level. Chapter 83 of the Village Code (Local Law #9 of 1977) regulates the use of power boats on the Croton River and Bay. Such regulations include limits on boat speed, mooring and discharge of waste into the Croton River and Bay. However, no such restrictions are in place regarding the use of boats within the Village’s jurisdiction along the Hudson River. The Federal government regulates boat traffic in the navigable waters of the Hudson. Further develop the State’s existing major ports of Albany, Buffalo, New York, Ogdensburg and Oswego as centers of commerce and industry, and encourage the siting, in these port areas, including those under the jurisdiction of State public authorities, of land use and development which is essential to, or in support of, waterborne transportation of cargo and people. The State coastal policy regarding the development of major ports is not applicable to Croton. Strengthen the economic base of smaller harbor areas by encouraging the development and enhancement of those traditional uses and activities which have provided such areas with their unique maritime identity. The State coastal policy regarding the strengthening of small harbors is not applicable to Croton. Encourage the location of development in areas where public services and facilities essential to such development are adequate. Policy 5A: DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-12 When feasible, development within the Village should be directed within the current service area of existing water and sewer facilities or in close proximity to areas where distribution lines currently exist. Explanation of Policies By its construction, taxing, funding and regulatory powers, government has become a dominant force in shaping the course of development. Through these government actions, development, particularly large-scale development, in the coastal area will be encouraged to locate within, contiguous to, or in close proximity to, existing areas of concentrated development where infrastructure and public services are adequate, where topography, geology, and other environmental conditions are suitable for and able to accommodate development. The above policy is intended to accomplish the following: - strengthen existing residential, industrial and commercial centers; - foster an orderly pattern of growth where outward expansion is occurring; - increase the productivity of existing public services and moderate the need to provide new public services in outlying areas; - preserve open space in sufficient amounts and where desirable - foster energy conservation by encouraging proximity between home, work, and leisure activities. For any action that would result in large scale development or an action which would facilitate or serve future development, a determination shall be made as to whether the action is within, contiguous to, or in close proximity to an area of concentrated development where infrastructure and public services are adequate. The following guidelines shall be used in making that determination: 1. Cities, built-up suburban towns and villages, and rural villages in the coastal area are generally areas of concentrated development where infrastructure and public services are adequate. 2. Other locations in the coastal area may also be suitable for development, if three or more of the following conditions prevail: a. Population density of the area surrounding or adjacent to the proposed site exceeds 1,000 persons per square mile; b. Fewer than 50% of the buildable sites (i.e., sites meeting lot area requirements under existing local zoning regulations) within one mile radius of the proposed site are vacant; c. Proposed site is served by or is near to public or private sewer and water lines; DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-13 d. Public transportation service is available within one mile of the proposed site; and e. A significant concentration of commercial and/or industrial activity is within one-half mile of the proposed site. 3. The following points shall be considered in assessing the adequacy of an area's infrastructure and public services: a. Streets and highways serving the proposed site can safely accommodate the peak traffic generated by the proposed land development; b. Development's water needs (consumptive and firefighting) can be met by the existing water supply system; c. Sewage disposal system can accommodate the wastes generated by the development; d. Energy needs of the proposed land development can be accommodated by existing utility systems; e. Storm water runoff from the proposed site can be accommodated by on-site and/or off-site facilities; and f. Schools, police and fire protection, and health and social services are adequate to meet the needs of the population expected to live, work, shop, or conduct business in the area as a result of the development. It is recognized that certain forms of development may and/or should occur at locations which are not within or near areas of concentrated development. Thus, this coastal development policy does not apply to the following types of development projects and activities. 1. Economic activities which depend upon sites at or near locations where natural resources are present, e.g., lumber industry, quarries. 2. Development which, by its nature, is enhanced by a non-urbanized setting, e.g., a resort complex, campgrounds, second home developments. 3. Development which is designed to be a self-contained activity, e.g., a small college, an academic or religious retreat. 4. Water dependent uses with site requirements not compatible with this policy or when alternative sites are not available. 5. Development which because of its isolated location and small DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-14 scale has little or no potential to generate and/or encourage further land development. 6. Uses and/or activities which because of public safety consideration should be located away from populous areas. 7. Rehabilitation or restoration of existing structures and facilities. 8. Development projects which are essential to the construction and/or operation of the above uses and activities. In certain urban areas where development is encouraged by this policy, the condition of existing public water and sewage infrastructure may necessitate improvements. Those State and federal agencies charged with allocating funds for investments in water and sewer facilities should give high priority to the needs of such urban areas so that full advantage may be taken of the rich array of their other infrastructure components in promoting waterfront revitalization. Development, particularly large-scale development, in the WRA will be encouraged to locate within, contiguous to or in close proximity to, existing areas of concentrated development where infrastructure and public services are in place, and where topography, geology and other environmental conditions are suitable for and able to accommodate development. In evaluating each proposal, the scale and type of development will be assessed with respect to consistency with the present character of the community. The above policies are intended to accomplish the following: 1. Strengthen existing residential, industrial and commercial centers, such as in the Upper Village and Harmon sections; 2. Increase the productivity of existing public services and moderate the need to provide costly new public services in outlying areas; and 3. Preserve open space. The following points shall be considered in assessing the adequacy of an area’s infrastructure and public services: a) Streets and highways servicing the proposed site can safely accommodate the peak traffic generated by the proposed land development. Traffic analysis of impacts from proposed development will be assessed during planning and environmental reviews. Any proposed development should include mitigation measures to reduce traffic impacts on existing Village streets. See Inventory and Analysis, Section D-1, for a discussion of Village roadways and the need for coordination of bus and train schedules to facilitate the use of public transportation. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-15 b) Development’s water supply (consumptive and firefighting) can be met by the existing water supply system. c) The existing sewage disposal system can accommodate the wastes generated by the development. d) Stormwater runoff from the proposed site can be accommodated by the on- site and/or off-site facilities. e) Schools, police and fire protection and health and social services are adequate to meet the needs of the population expected to live, work, shop or conduct business in the areas as a result of the development. It is recognized that certain forms of development may and/or should occur at locations which are not within or near areas of concentrated development. Such development can only occur if water supply and sewage disposal facilities are available. This policy does not apply to water-dependent uses with site requirements not compatible with this policy, or when alternative sites are not available, or to uses and/or activities which because of public safety consideration should be located away from populous areas. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-16 Expedite permit procedures in order to facilitate the siting of development activities at suitable locations. Explanation of Policy For specific types of development activities and in areas suitable for such development, State agencies and local governments participating in the Waterfront Revitalization Program will make every effort to coordinate and synchronize existing permit procedures and regulatory programs, as long as the integrity of the regulations’ objectives is not jeopardized. These procedures and programs will be coordinated within each agency. Also, efforts will be made to ensure that each agency’s procedures and programs are synchronized with other agencies’ procedures at each level of government. Finally, regulatory programs and procedures will be coordinated and synchronized between levels of government, and, if necessary, legislative and/or programmatic changes will be recommended. When proposing new regulations, an agency will determine the feasibility of incorporating the regulations within existing procedures, if this reduces the burden on a particular type of development and does not jeopardize the integrity of the regulations’ objectives. In order to expedite procedures for development applications, the Village shall direct the applicant to all relevant laws, including ones recently adopted or amended. This will ensure that proposals are developed that would be consistent with the legal framework of the Village. Legislative action taken by the Village includes the designation of the Waterfront Advisory Committee to review development proposals for consistency with the LWRP policies. This review is incorporated into the tasks of land use approval boards and commissions. The Planning Board, Zoning Board of Appeals, the Village Board, the Water Control Commission or other committees, as applicable and appropriate, shall review such proposals for consistency with the provisions of the Zoning Ordinance and the LWRP. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-17 FISH AND WILDLIFE POLICIES Significant coastal fish and wildlife habitats will be protected, preserved, and, where practical, restored so as to maintain their viability as habitats. Policy 7A: The quality of the Croton River and Bay Significant Coastal Fish and Wildlife Habitat and Haverstraw Bay Significant Fish and Wildlife Habitat shall be protected and improved for conservation, economic, aesthetic, recreational, and other public uses and values. Its resources shall be protected from the threat of pollution, misuse, and mismanagement. Policy 7B: Materials that can degrade water quality and degrade or destroy the ecological system of the Croton River and Bay Significant Fish and Wildlife Habitat and the Haverstraw Bay Significant Fish and Wildlife Habitat shall not be disposed of or allowed to drain in, or on land within, the area of influence in the significant fish and wildlife habitats. Policy 7C: Storage of materials that can degrade water quality and degrade or destroy the ecological system of the Croton River and Bay Significant Fish and Wildlife Habitat or Haverstraw Bay Significant Fish and Wildlife Habitat shall not be permitted within the area of influence of the habitat unless best available technology is used to prevent adverse impacts to the habitat. Policy 7D: Restoration of degraded ecological elements of the Croton River and Bay and Haverstraw Bay Significant Fish and Wildlife Habitats and shorelands shall be included in any programs for cleanup of any adjacent toxic and hazardous waste sites. Policy 7E: Runoff from public and private parking lots and from storm sewer overflows shall be effectively managed so as to prevent oil, grease, and other contaminants from polluting surface and ground water and impact to the significant fish and wildlife habitats. Policy 7F: Construction activity of any kind must not cause a measurable increase in erosion or flooding at the site of such activity, or impact other locations. Construction activity in the Croton River and Hudson River spawning areas shall be timed so that spawning of anadromous fish species and shellfish will not be adversely affected. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-18 Policy 7G: Construction activity of any kind must not cause significant degradation of water quality or impact identified significant fish and wildlife habitats. Policy 7H: Habitat-related policies identified in the Indian Brook-Croton Gorge Watershed Conservation Action Plan will be considered in actions proposed for these areas (see Appendix C). Explanation of Policies The Croton River and Bay and Haverstraw Bay are designated Significant Coastal Fish and Wildlife Habitats. See Inventory and Analysis, Section C-3, for a description of these habitats. Habitat protection is recognized as fundamental to assuring the survival of fish and wildlife populations. Certain habitats are critical to the maintenance of a given population and, therefore, merit special protection. Such habitats exhibit one or more of the following characteristics: (1) are essential to the survival of a large portion of a particular fish or wildlife population (e.g. feeding grounds, nursery areas); (2) support populations of rare and endangered species; (3) are found at a very low frequency within a coastal region; (4) support fish and wildlife populations having significant commercial and/or recreational value; and (5) would be difficult or impossible to replace. In order to protect and preserve a significant habitat, land and water uses or development shall not be undertaken if such actions destroy or significantly impair the viability of an area as a habitat. When the action significantly reduces a vital resource (e.g., food, shelter, living space) or changes environmental conditions (e.g., temperature, substrate, salinity) beyond the tolerance range of an organism, then the action would be considered to "significantly impair" the habitat. Indicators of a significantly impaired habitat may include: reduced carrying capacity, changes in community structure (food chain relationships, species diversity), reduced productivity and/or increased incidence of disease and mortality. The range of generic activities most likely to affect significant coastal fish and wildlife habitats include, but are not limited to the following: 1. Draining wetlands, ponds: Cause changes in vegetation, or changes in groundwater and surface water hydrology. 2. Filling wetlands, shallow areas of streams, lakes, bays, estuaries: May DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-19 change physical character of substrate (e.g., sandy to muddy, or smother vegetation, alter surface water hydrology). 3. Grading land: Results in vegetation removal, increased surface runoff, or increased soil erosion and downstream sedimentation. 4. Clear cutting: May cause loss of vegetative cover, increase fluctuations in amount of surface runoff, or increase streambed scouring, soil erosion, sediment deposition. 5. Dredging or excavation: May cause change in substrate composition, possible release of contaminants otherwise stored in sediments, removal of aquatic vegetation, or change circulation patterns and sediment transport mechanisms. 6. Dredge spoil disposal: May include shoaling of littoral areas, or change circulation patterns. 7. Physical alteration of shore areas through channelization or construction of shore structure: May change volume and rate of flow or increase scouring, sedimentation. 8. Introduction, storage or disposal of pollutants such as chemical, petrochemical, solid wastes, nuclear wastes, toxic material, pesticide, sewage effluent, urban and rural runoff, leachate of hazardous and toxic substances stored in landfills: May cause increased mortality or sublethal effects on organisms, alter their reproductive capabilities, or reduce their value as food organisms. The range of physical, biological and chemical parameters which should be considered as applying the habitat impairment test include, but are not limited to, the following: 1. Physical parameters, such as living space circulation, flushing rates, tidal amplitude, turbidity, water temperature, depth (including loss of littoral zone), morphology, substrate type, vegetation, structure, erosion and sedimentation rates; 2. Biological parameters, such as community structure, food chain relationships, species diversity, predator/prey relationships, population size, mortality rates, reproductive rates, meristic features, behavioral patterns and migratory patterns; and 3. Chemical parameters, such as dissolved oxygen, carbon dioxide, acidity, dissolved solids, nutrients, organics, salinity and pollutants (heavy metals, toxics and hazardous materials). When a proposed action is likely to alter any of the biological, physical or chemical parameters as described in the narrative beyond the tolerance range of the organisms DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-20 occupying the habitat, the viability of that habitat has been significantly impaired or destroyed. Such action, therefore, would be inconsistent with the above policy. In cooperation with the State's Coastal Management Program, the Department of Environmental Conservation has developed a rating system incorporating these five parameters (The Development and Evaluation of a System for Rating Fish and Wildlife Habitats in the Coastal Zone of New York State, Final Report, January 1981, 15 pp.). To further aid Federal and State agencies in determining the consistency of a proposed action with this policy, a narrative will be prepared for each significant habitat which will: (1) identify the location of the habitat; (2) describe the community of organisms which utilize the habitat; (3) identify the biological, physical and chemical parameters which should be considered when assessing the potential impacts of a project on that habitat; (4) identify generic activities which would most likely create significant impacts on the habitat; and (5) provide the quantitative basis used to rate the habitat. Prior to formal designation of significant fish and wildlife habitats, copies of the individual habitat narratives plus copies of habitat maps and completed rating forms will be provided to Federal and State agencies and the public for the review and comment. Activities in Croton River and Bay and Haverstraw Bay that would degrade water quality, increase turbidity or sedimentation, reduce flows, increase water temperatures or alter water salinities or temperature in the case of Haverstraw Bay would result in significant impairment of the habitat. Any physical alteration of the habitat, through dredging, filling or bulkheading, would result in a direct loss of valuable habitat area. Habitat disturbances would be most detrimental during fish spawning and incubation periods, which generally extend from April through August for most warmwater or anadromous species. Discharges of sewage or stormwater runoff containing sediments or chemical pollutants may result in significant adverse impacts on fish populations and must be prevented. Similarly, spills of oil or other hazardous substances from industrial activity, and leachate of contaminated groundwater, constitute a potential threat to fish and wildlife in the bays. Of particular concern in the Croton River and Bay major tributary system are the potential effects of upstream disturbances, including water withdrawals, impoundments, stream bed disturbances and effluent discharges. These are also concerns in Haverstraw Bay, as are hydrologic disturbances (water withdrawals). Establishment of minimum flow requirements for the Croton River up to the first impassable barrier to fish has had a significant beneficial effect on the area; however, under drought conditions, releases from the Croton Reservoir can be reduced to zero. Minimum flow requirements for the Croton River should be maintained up to the New Croton Dam. See Policy 38A. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-21 Existing areas of natural vegetation bordering Croton River and Bay and Haverstraw Bay should be maintained to provide bank cover, soil stabilization, perching sites and buffer areas. However, development of public access to the bay areas is desirable to ensure that adequate opportunities for compatible human uses of the fish and wildlife resources are available. In addition, the owners of the parking lots at the Croton Harmon station should be required to control and filter runoff to prevent pollution of the Habitats. See Policies 8, 25, 33, 34, 35, 37 and 44. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-22 Protect fish and wildlife resources in the coastal area from the introduction of hazardous wastes and other pollutants which bio-accumulate in the food chain or which cause significant sub-lethal or lethal effect on those resources. Explanation of Policy Hazardous wastes are unwanted by-products of manufacturing processes and are generally characterized as being flammable, corrosive, reactive or toxic. More specifically, hazardous waste is defined in Environmental Conservation Law [§27-0901 (3)] as “waste or combination of wastes which because of its quantity, concentration or physical, chemical or infectious characteristics may: (a) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or otherwise managed.” A list of hazardous wastes (6NYCRR Part 366) will be adopted by DEC within 6 months after EPA formally adopts its list. The handling (storage, transport, treatment and disposal) of the materials included on this list is being strictly regulated in New York State to prevent their entry or introduction into the environment, particularly in the State’s air, land and waters. Such controls should effectively minimize possible contamination of and bio-accumulation in the State’s coastal fish and wildlife resources at levels that cause mortality or create physiological and behavioral disorders. Other pollutants are those conventional wastes, generated from point and nonpoint sources, that are not identified as hazardous wastes but are controlled through other State laws. Debris and other construction or waste materials from the rail yards or other industries shall not be deposited in coastal areas where they may leach into groundwater supplies or directly affect wildlife resources. In addition, the Village should facilitate upgrades to catch basins and outfalls as necessary, to address the issue of floatable debris in Croton River and Bay. See Policies 7, 25, 30, 33, 34, 37, 40 and 44. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-23 Expand recreational use of fish and wildlife resources in coastal areas by increasing access to existing resources, supplementing existing stocks, and developing new resources. Policy 9A: Ensure continued recreational use and public access to the rivers through Village-owned land adjacent to the railroad parking lot, at Croton Point Park, at Senasqua and Croton Landing Parks, along the Croton River, and at the Croton Yacht Club. Efforts should be made to increase opportunities for public access and enjoyment in these areas. Policy 9B: Encourage passive recreational enjoyment of the wildlife in the designated significant fish and wildlife habitats, on the Audubon Society sanctuaries, Jane Lytle Arboretum, Gouveia Park and on other public or private lands within the Village where wildlife habitats are located, as well as the protection of such resources. Explanation of Policy Recreational uses of coastal fish and wildlife resources include consumptive uses such as fishing and hunting, and non-consumptive uses such as wildlife photography, bird watching and nature study. Any efforts to increase recreational use of these resources will be made in a manner which ensures the protection of fish and wildlife resources and which takes into consideration other activities dependent on these resources. Also, such efforts must be done in accordance with existing State law and in keeping with sound resource management considerations. Such considerations include biology of the species, carrying capacity of the resource, public demand, costs and available technology. The following additional guidelines should be considered by State and federal agencies as they determine the consistency of their proposed action with the above policy: 1. Consideration should be made by federal and State agencies as to whether an action will impede existing or future utilization of the State’s recreational fish and wildlife resources. 2. Efforts to increase access to recreational fish and wildlife resources should not lead to overutilization of that resource or cause impairment of the habitat. Sometimes such impairment can be more subtle than actual physical damage to the habitat. For example, increased human presence can deter animals from using the habitat area. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-24 3. The impacts of increasing access to recreational fish and wildlife resources should be determined on a case-by-case basis, consulting the significant habitat narrative for Croton River and Bay and Haverstraw Bay (see Policy 7) and/or conferring with a trained fish and wildlife specialist. Continued recreational areas at Croton Point Park, Senasqua Park, Croton Landing Park, Croton Yacht Club, Black Rock, Silver Lake and Paradise Island should be maintained (see Policy 21 for the types of amenities to be provided or maintained at such sites). The Village also encourages any effort to improve water quality which would enable the public to swim and fish in the coastal water. Existing public access to the waterfront would need to be maintained, specifically the marina at the Croton Yacht Club and the boat launch and riverfront path at Croton Landing Park. Existing locations used for fishing shall be maintained. Recreational opportunities in coastal waters and its tributaries will depend on continued monitoring by DEC and the maintaining or upgrading of water quality classifications. Currently, Village tributaries to the Hudson range from Class B to Class C (see Inventory and Analysis, Section C-2). See also Policies 7, 19, 20, 21 and 31. Further develop commercial finfish, shellfish and crustacean resources in the coastal area by encouraging the construction of new, or improvement of existing on-shore commercial fishing facilities, increasing marketing of the State's seafood products, maintaining adequate stocks and expanding aquaculture facilities. This policy does not apply to the Village at this time because there are no known or anticipated commercial fishing facilities located within the Village. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-25 FLOODING AND EROSION POLICIES Buildings and other structures will be sited in the coastal area so as to minimize damage to property and the endangering of human lives caused by flooding and erosion. Explanation of Policy On coastal lands identified as coastal erosion hazard areas, buildings and similar structures shall be set back from the shoreline a distance sufficient to minimize damage from erosion unless no reasonable prudent alternative site is available as in the case of piers, docks, and other structures necessary to gain access to coastal waters to be able to function. The extent of the setback will be calculated, taking into account the rate at which land is receding due to erosion and the protection provided by existing erosion protection structures, as well as by natural protective features such as beaches, sandbars, spits, shoals, barrier islands, bay barriers, nearshore areas, bluffs, and wetlands. The only new structure allowed in coastal erosion hazard areas is a moveable structure as defined in 6 NYCRR Part 505.2(x). Prior to its construction, an erosion hazard areas permit must be approved for the structure. Existing non-conforming structures located in coastal erosion hazard areas may be only minimally enlarged. In coastal lands identified as being subject to high velocity waters caused by hurricane or other storm wave wash - a coastal high hazard area - walled and roofed buildings or fuel storage tanks shall be sited landward of mean high tide, and no mobile home shall be sited in such area. In coastal lands identified as floodways, no mobile homes shall be sited other than in existing mobile home parks. Where human lives may be endangered by major coastal storms, all necessary emergency preparedness measures should be taken, including disaster preparedness planning. The entire River boundary of Croton-on-Hudson, including both the Hudson and Croton Rivers, is within designated floodplain areas. A number of the properties on the Hudson River are protected by bulkheads or riprap, including Croton Point Park, Senasqua Park, Croton Landing Park and the Croton Yacht Club. The properties fronting on the Croton River are unprotected. In addition, a vast amount of land within the Village consists of shallow soils with a high-water table. As such, these properties are subject to flooding and erosion. This policy is particularly important in the siting and construction of new buildings. To protect human lives and property from flooding and erosion, the Village of Croton-on- DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-26 Hudson adopted Chapter 129, Flood Damage Prevention, of the Village Code (Local Law No. 2 of 2007) and Chapter 196, Stormwater, Drainage, Erosion and Water Pollution Control, of the Village Code (Local Law No. 3 of 2007). In addition, the Village adopted Chapter 195, Steep Slope Protection (Local Law No. 3 of 2008) to regulate the development and protection of steep slope areas. In particular, the Village shall seek to address areas where existing drainage systems are known to contribute to erosion on steep slopes in the Croton Gorge areas, such as Mayo’s Landing and the area behind Carrie E. Tompkins Elementary School. The disaster preparedness agency in Westchester County is the Office of Emergency Management. Significant damage caused by erosion and flooding occurred in the 1840s, when the Croton Dam broke and sediment filled the Croton River and Bay. More recently, substantial damage occurred during Tropical Storm Irene in 2011 and Hurricane Sandy in 2012. DRAFT Village of Croton-on-Hudson Local Waterfront Revitalization Program III-27 Activities or development in the coastal area will be undertaken so as to minimize damage to natural resources and property from flooding and erosion by protecting natural protective features including beaches, dunes, barrier islands and bluffs. Policy 12A: [...truncated...]